WIEDERKEHR (Georges) – CONFLICTS OF LAWS IN MATTERS OF MATRIMONIAL REGIME, Preface by Alex Weill, Bibl. de droit intern. privé, vol. VII
WIEDERKEHR (Georges) – CONFLICTS OF LAWS IN MATTERS OF MATRIMONIAL REGIME, Preface by Alex Weill, Bibl. de droit intern. privé, vol. VII
    WIEDERKEHR (Georges)
    CONFLICTS OF LAWS IN MATTERS OF MATRIMONIAL REGIMES, Preface by Alex Weill, Library of Private International Law, vol. VII
Édition :
    Paris
Date :
    1967
    in-8, br., ENVOI TO PROFESSOR LOUSSOUARN, very good condition, X-358 p.
    “By dedicating his doctoral thesis to conflicts of laws concerning matrimonial property regimes, Mr. Wiederkehr addressed a very classic subject of private international law, but one which, curiously enough, had not been the subject of any monograph for nearly thirty years. (…) It can therefore be assumed that the difficulty of the subject is primarily responsible for this deficiency, and Mr. Wiederkehr deserves credit for filling it. This is all the more true given that the author has succeeded admirably in his undertaking, presenting a study that will certainly remain the standard reference work on the subject for many years to come. (…) The central idea in determining the applicable law is that the matrimonial property regime, while falling under the categories of property, the effects of marriage, and contracts, does not belong entirely to any of them and in reality constitutes an autonomous category.” There is a first, very general, and almost methodological reason for Mr. Wiederkehr to reject the various systems proposed before him, all of which share the characteristic of retaining only one element of the matrimonial property regime, considered predominant, from which to deduce the law meant to govern the entire institution. He adds to this various criticisms, specific to each of the connecting factors considered so far, and which are developed with a vigor that is sometimes tinged with humor. Turning then towards "new paths" (p. 143 et seq.), the author proposes to retain the location of the household's interests as the criterion for determining the applicable law. This solution constitutes an extension to the matrimonial property regime of the theory developed by Mr. Batiffol for contracts. (...) The work as a whole conveys an impression of balance, which is one of the author's essential qualities. The thought and judgment are logical without stifling a certain pragmatism; originality and imagination have their place without, however, disregarding the concern not to break with positive law. This fine book on private international law is a "wise" book. At certain times, such a book is sometimes needed. (Jean-Marc Bischoff, RIDC, no. 1/1969, pp. 288-290).

Référence : 56683

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Mots-clés : Private international law, Family law - Personal law, Matrimonial property regimes

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