O critério de conexão da nacionalidade na doutrina e na legislação de direito internacional privado brasileiro (1863-1973)
The purpose of the present articleis to analyze the utilization of the nationalityprinciple as a connecting factor for conflictof laws regarding the personal statute ofthe individuals in Brazilian legislation. Theproposed problem consists on verifyingwhether the theory of the Italian jurist Pasquale...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6675902 |
| Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 39, Nº. 79, 2018, pags. 195-219 |
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| Summary: |
The purpose of the present articleis to analyze the utilization of the nationalityprinciple as a connecting factor for conflictof laws regarding the personal statute ofthe individuals in Brazilian legislation. Theproposed problem consists on verifyingwhether the theory of the Italian jurist PasqualeStanislao Mancini had influenced the legislativechoice to favor the prevalence of the criterionof nationality as a connecting factor untilthe advent of the 1942 Law of Introductionto the Civil Code, which began to favor thedomicile criterion. The hypothesis is that thelegislation and part of the Brazilian doctrinewere influenced by the thinking of the Italianjurist, but also by the French doctrine on thematter. From a methodological point of view,the research uses as foundation Paolo Grossi’sHistory of Legal Thinking. |
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