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" The principle of equality in private international law: essay of a systematic approach" thesis defended by Aude Lelouvier, under the supervision of M. Michel Attal, IRDEIC
on the October 19, 2019
09h30  Thesis room

" The principle of equality in private international law: essay of a systematic approach" thesis defended by Ms Aude Lelouvier.

Abstract :

In a situation imprinted with an international element, private international legislation aims to intervene in order to expose the proper law applying. Indeed, it is a singular field of expertise, on the ground that it operates through indirect rules, to determine the geographical application scope of the conflicting laws, a using a scientific method consisting in finding the most relevant applicable law for the international situation in question. This is why the rationale of private international law relies, in principle, on a conflictual justice system, imposing neutrality and an objective treatment of each legal situation. In other terms, the search of the applicable law to use proceeds from an analyze exempt from substantial considerations whose results lead indifferently to the application, either of the lex fori or of the foreign law.
However, if, in positive law, private international law still performs this function, it also responds to material justice, and is broken down by numerous rules, which are divided into different forms depending on the categories of attachment to which they belong; bind themselves, but also with regard to the sources from which they derive. Thus, the field was, and still subjected to a pronounced variety among the international society since its first systematization in the 16th century as written by d’Argentré.
The present PhD thesis aims to demonstrate that, in spite of the intrinsic objective, to which private international law answers, namely confrontational justice, this area, in its present form, does not ensure the people with a fair justice for individuals falling under private law. This research aims to highlight the weaknesses of the field throughout a meticulous study, in its structure as well as its regime, in order to oust obstacles to a fair treatment of legal situations. Thus, the upcoming demonstration will allow to consider, via a systemic approach, which rule of law and what regime can protect a maxima, the principle of equality in private international law.

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Additional information

Jury :

M. Michel ATTAL Toulouse 1 Capitole University  PHD Supervisor
M. Patrick KINSCH Luxembourg University Reporter
Mme Petra HAMMJE Nantes University Reporter
M. Pascal DE VAREILLES-SOMMIERES   Paris 1 Panthéon-Assas  University Examiner
M. Lukas RASS-MASSON Toulouse 1 Capitole University Examiner

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