The Unification of Private International Law

• Author: Emira Kazazi, Ervis Çela
• Position: Albtelecom ltd. - Lecturer, Law Faculty
• Pages: 23-28

ISSN 2410-3918 Academic Journal of Business, Administration, Law and Social Sciences Vol 1 No 2

Acces online at www.iipccl.org IIPCCL Publishing, Tirana-Albania July 2015

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e Unication of Private International Law

MND Emira Kazazi

Albtelecom ltd.

Dr. Ervis Çela

Lecturer, Law Faculty

Abstract:

Civil and the common law approaching Europe is no longer a “future project”, but more and more rather

a present attempt (Kötz, 2003 – 2004). In this prism, concentrating on the European International

Private Law within the space of mixed jurisdictions, it may seem surprising in light of the attempts to

create a new European ius commune. But is it possible that a unication of the material law may sign

the start of the end of the European conicts of laws? Last but not the least private international law

is not just a choice of law. e unication of the private law, in its denition as a concept, does not

inuence two of the three pillars of the private international law: respectively, that of the jurisdiction

and recognition as well as implementation of foreign decisions.

Keywords: Jurisdiction, ius commune, international law, conict of laws.

he existence of dierent legal traditions and standards for the denition of the foreign

law content and possible timeframes, dened for the judge to carry on his duty against the

presence of a uniform practice in this eld, may lead to unequal solutions, which harm

the continual process of harmonization of private international law in Europe. But what

happens in those cases when the foreign law is not considered sucient for the solution

of a concrete case? In some cases, the court may take into account the fact that the content

of the foreign law has not been identied suciently. If that happens, all member states

of EU will accept the application of lex fori. Despite this, the application of the domestic

law instead of the foreign one is made by the opinion of the court. e application of

the domestic law instead of that foreign one is only used as a last resource. France and

Slovenia are simple examples of such rule.

By applying lex fori, the choice of solution by means of the applicable law is limited.

Instead, it may be applied another disposition of the foreign law, for example like the

one that Bulgaria is applying in practice now. But we may refer to it as well, as a reference

to the law of the third state, which has a close connection with the dispute in question.

Concrete examples are Germany, Czech Republic or Netherlands. At last, we do not have

to forget to take into account even some principles of the acceptable international law.

Some countries have the tendency to include dened rules, regarding the application of

the foreign law from the non-judicial authorities. One example is Portugal with certain

rules regarding the notary public. But in general, these are not as realizable in practice as

acceptable ways. e common absence of a global responsibility against the application

of the foreign law from the non-judicial authorities and absence of valid information