Abstract
This chapter focuses on the basic rules of private international law originated in the middle ages in a world without nations. The medieval jurists believed that there was only one legitimate authority which, directly or indirectly, was the source of all law: the Roman Emperor whose powers were thought to have devolved to the medieval Holy Roman Emperor. The ius commune governed contracts, torts, property - all the subjects which are embraced by a modern civil code or taught to students in common law jurisdictions. The rules of conflict of laws which modern courts and scholars have used to determine which entire legal system should govern a dispute were originally meant for these limited situations. The result is that, unlike the medieval or early modern jurists, jurists are now supposed to resolve conflicts problems without reference to a transnational body of law that provides the background rules. Keywords:conflict of laws; international law; ius commune ; medieval jurists; Roman Emperor
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