BAUER (Hubert) – INTERNATIONAL JURISDICTION OF FRENCH AND GERMAN CIVIL COURTS (Comparative Study), Bibl. de droit intern. privé, vol. V
BAUER (Hubert) – INTERNATIONAL JURISDICTION OF FRENCH AND GERMAN CIVIL COURTS (Comparative Study), Bibl. de droit intern. privé, vol. V
    BAUER (Hubert)
    INTERNATIONAL JURISDICTION OF FRENCH AND GERMAN CIVIL COURTS (Comparative Study), Library of Private International Law, vol. V
Édition :
    Paris
Date :
    1965
    octavo, paperback, (faded cover), good condition, XII-224 p.
    The bibliography compiled by M.-L. Engelhard-Grosjean in the Revue internationale de droit comparapré (vol. 18, no. 4/1966, p. 957) perfectly informs us of the scope of this work: “The author of this study is a graduate of the Faculty of Law of Paris, of German nationality. As Professor Perrot points out in his laudatory preface, Mr. Bauer first recalls the principle that the application of foreign law to the merits of the dispute cannot lead to the lack of jurisdiction of the court seized. However, in a number of marginal situations,” it is necessary to prevent the judge from being drawn into an activity that would be incompatible with the role assigned to him by his own legal system. The author then endeavors to justify the rules of international jurisdiction accepted by German and French case law. But should we not, as Professor Perrot suggests, distinguish between jurisdiction and judicial power? Because domestic rules of international jurisdiction can only be adopted internationally with adjustments and transpositions. Mr. Bauer illustrates his book with concrete examples. His study of private international law and comparative law highlights aspects too often neglected of institutions that are nevertheless well known in French and German domestic law.

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