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Article

Наука международного частного права: Генрих фон Кокцейн

Журнал российского права. 2016. № 10 (238). С. 55-68.

The object of study in this article is the theory of Private International Law developed by the German scholar Heinrich von Cocceji in the 17th century. The contribution of this scholar in the development of PIL doctrine has not yet been studied in the Russian literature. The article investigates the Cocceji’s thesis, in which he examines the question of conflicts of different national laws and determining the applicable law. In considering these issues, the German scholar uses the methodology of his French and Dutch precursors – the supporters of the theory of statutes, and he argues in line with this theory. The basic Cocceji’s difference from the classical theory of the statutes is the starting point of his reasoning – he does not attempt to delineate the legal provisions and their scope, and he sets the specific connecting factors. This is a very important difference, just anticipating the approach of the modern legislator to design the choice-of law-rules. In addition, he constructs a separate "action statute," including not only questions of the form the act, but leading to the generation of abstract connecting factor for determining the law applicable to the general concept of action. The article been concluded that the main Cocceji’s contribution to the development of the PIL doctrine can be considered his assertion that the choice-of law-rules are publicly-legal nature and the basis for solving of conflicts of laws is the international law - "the international consensus of nations."