Le Projet de Code de Droit International Privé – A View from Germany

Revue critique de droit international privé 2022

13 Pages Posted: 26 Jul 2022

See all articles by Stefan Leible

Stefan Leible

University of Bayreuth - Faculty of Law, Business and Economics

Felix M. Wilke

University of Bayreuth - Faculty of Law, Business and Economics

Date Written: May 24, 2022

Abstract

From a German perspective, there is much in the French Draft Code of Private International Law (“Draft Code”) to be appreciated; in part, one can even be envious. Not only is there still room for a national PIL codification, but it can also enhance legal clarity, even where it only refers to applicable EU regulations. It is user-friendly to combine rules on procedure with conflict-of-laws provisions in one instrument and sensible to devote one part of the Draft Code to general provisions. The rules of the Draft Code on the PIL of contractual and non-contractual obligations as well as on companies in particular by and large could serve as models for German legislation. Conversely, here and there, German PIL rules might provide some inspiration for (minor) adjustments of and additions to the Draft Code. Some of the proposed rules, however, seem less than ideal. To allow renvoi only where at least one of the parties so demands neither serves legal clarity nor always makes life easier for the judge. The rule on lois de police could cause or perpetuate misunderstandings about their legal nature. It is doubtful whether a provision on fraude à la loi is truly necessary. To keep nationality as a connecting factor for jurisdiction can be considered particularly exorbitant. Yet all of this should not detract from the impressive and thought-provoking achievement that is the Draft Code.

Keywords: private international law, codification, EGBGB, overriding mandatory provisions, renvoi, jurisdiction, company law

Suggested Citation

Leible, Stefan and Wilke, Felix M., Le Projet de Code de Droit International Privé – A View from Germany (May 24, 2022). Revue critique de droit international privé 2022, Available at SSRN: https://ssrn.com/abstract=4166664 or http://dx.doi.org/10.2139/ssrn.4166664

Stefan Leible

University of Bayreuth - Faculty of Law, Business and Economics ( email )

Universitätsstraße 30
Bayreuth, 95447
Germany

Felix M. Wilke (Contact Author)

University of Bayreuth - Faculty of Law, Business and Economics ( email )

Universitätsstraße 30
Bayreuth, 95447
Germany

HOME PAGE: http://https://www.zivilrecht4.uni-bayreuth.de/de/team/wilke-felix/index.php#tabPublikationen

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