Die Umsetzung des römischen Privatrechts im Völkerrecht
Implementation of Roman Private Law in International Law

Summary/Abstract: The purpose of this issue is - without claiming to be exhaustive, to put in evidence the influence of Roman law and the consequent phenomenon of the reception of its private law structures into the international law system. The post-Justinian era will be used as historical element to analyze the development of ius gentium over the centuries: praetores deputed for settling cross-border disputes often resorted to that law through the iurisdictio peregrina, since they adopted in their interpretation and application activity typical instruments of ius privatorum, i.e. analogia, aequitas, interpretatio, etc. Although it was a category of ius publicum, the “international law” then regarded operational instruments based on civil elements: this is the characteristic that still fascinates today and over time was assessed and rediscovered by several lawyers.

• Details
• Contents