Наука международного частного права: теория бельгийского реализма XVI века

Abstract

The object of the present article is an attempt to restore the names of representatives of the XVI century Belgian School of Realism, who have been “unjustly forgotten” in modern Private International Law doctrine — Nicolas Everhard, Pieter Peck and Johannes a Sande. These scholars are the founders of the Belgian Realism theory of conflicts-of-laws which anticipated the classic Dutch “comity” doctrine and provided the framework for the Anglo-American doctrine of the regulation of international civil relations. The theory of Belgian realism was first outlined by Everhard, Peck and Sande and was formed on the theory of statutes — the only doctrine of Private International Law during 500 years. Belgian Realism is a stand-alone direction of the theory of statutes which triggered the process of a strongly territorial concept of conflict resolution between choice-of-law rules of different states. However, despite their outstanding contribution to the legal practice and doctrine of their time, aforementioned scholars are unknown in modern jurisprudence. The article concludes that Everhard, Peck and Sande developed the choice-of-law rules which are now adopted by modern legislation; moreover, their researches may serve to development of international comity doctrine, which has been adopted by modern Private International Law.