Exklusivnormen im IPR

Beschreibung

The assessment of which norms in private international law are to be classified as exclusive norms varies. The author shows the connection between the conflict-of-laws interests and the possibility of consolidation into total conflict rules. She gives the dogmatic reasons for this, integrates it into the existing system of private international law and uses it as the basis for a definition of exclusive norms.
The assessment of which norms in private international law are to be classified as exclusive norms varies. In addition, exclusive norms are generally criticized as being against the rules or contrary to the system. Against this backdrop, Jana Nojack examines the partial conflict rules of the EC Civil Code in relation to their conflict-of-laws interests and the possibility of consolidating these into total conflict rules. Partial conflict rules can be found mainly in international family law, but also in the international law of contracts and in international tort law as well as in the general part of the EC Civil Code. The author shows the connection between the conflict-of-laws interests and the possibility of consolidation into total conflict rules. She gives the dogmatic reasons for this, integrates it into the existing system of private international law and uses it as the basis for a definition of exclusive norms. In conclusion, she deals with the application to foreign subjects under the German personal statute.

Autor*in

Jana Nojack
Geboren 1978; Studium der Rechtswissenschaften in Halle; 2001-2003 Aufbaustudium Wirtschaftsrecht (LL.M.oec.); 2004 Promotion; seit Oktober 2004 Rechtsreferendarin in Bamberg.

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