The Conflict of Personal Laws, Part 1

Abstract

I. Historical and Comparative Backround:(1) Early medieval times. (2) The Ottoman Empire and successor States. (3) Personal laws in the colonies. (4) State and Church law as personal laws.II. The Personal Laws as Autonomous Legal Systems:(1) Notion of legal system. (2) Personal legal systems. (3) Relationships between personal legal systems and between such systems and the State. (4) The dominant position of the State. (5) The personal laws as autonomous legal systems.III. The Conflict of Personal Laws and the Interpretation of its Rules:(1) State legislation relating to personal laws. (2) The problem of qualification. (3) The renvoi problem. (4) Public policy.IV. Connecting Principles:(1) Membership of an ethnic or religious group. (2) Influence of the will of the parties. (3) Other connecting principles.V. Nature and Historical Function of the Conflict of Personal Laws:(1) The legal nature of the Conflict of Personal Laws. (2) The historical function of the conflict of Personal Laws.