Predictability and Flexibility in Private International Law: Allies or Enemies?

Autor: Jiří Valdhans
Rok vydání: 2019
Zdroj: Universal, Regional, National – Ways of the Development of Private International Law in 21st Century ISBN: 9788021094970
DOI: 10.5817/cz.muni.p210-9497-2019-1
Popis: The chapter discusses the relationship between predictability and flexibility as the values currently expected for private international law standards. While predictability has been perceived for a long time, flexibility has been gaining momentum in the US since the 1930s and in Europe in the second half of the last century. At present, however, the demand for flexibility in the standards of private international law is expressed in all modern codifications. Therefore, the chapter also outlines the institutes through which flexible elements intended to enable to take into account individual aspects of a particular case can be incorporated to traditional predictable blind conflict-law-rules methodology.
Databáze: OpenAIRE