Наука международного частного права: теория статутов в Германии в XVI веке
The article is devoted formation of the German doctrine of Private International Law. First papers in the conflict of different national laws appeared in Germany in the 16th century which was due to the political and legal disunity of the country. There were more than 200 territorial units with state and legal independence in Germany. «Usus pandectum moderatum» acted as a common, along with their own laws and customs were taken within each territory. The diversity of local laws entailed the emergence of serious interlokal conflicts. A whole galaxy of scholars was in the 16th century in Germany who had studied the question of conflict law. However, the German theory of statutes has not been studied in the literature as an independent doctrine it did not stand out in a separate conflict of law school. Moreover, the most studies mention only the names of two German scholars 16th century – Joachim Mynsinger and Andreas Gaill, although many German lawyers deal with issues of conflict laws – in particular, Johann Sichard, Hieronymus Schurffius, Matthias Colerus and Ernst Cothmann. These scholars only are mentioned in the modern German doctrine, they are not known in the Russian literature on PIL. The article analyzes the views of these six lawyers on conflict law. The names of these scholars marked the beginning of the doctrine of Private International Law in Germany and the blossoming of the German theory of statutes. German authors have apprehended this theory of the works of Italian and French writers 14–15th centuries, which bowed before the Roman law, and approved its universal character. German lawyers argued in the mainstream the general methodology of Italian bartolists conducting the division of statutes on personal and real (they adopted partially the division of statutes on prohibitive and favourable). However, the universal effect of Roman law was contrary to the requirements of practical life, which prescribed the priority of local laws. In this regard, the German lawyers were under the direct influence of the French school of conflict of law 15–16th centuries with its approach of the principal territoriality of all statutes. In fact, in the 16th century, the German theory of statutes was an Italian doctrine has been subjected to the strong influence of the feudal sovereignty of statutes. "The Statute does not protrude outside of its territory but in the territory it obliges everyone – citizens and aliens", – that is the basic postulate of the German theory of statutes 16th century.