Los fundamentos para la aplicación de las leyes extranjeras: utilitarios, políticos y jurídicos

Abstract

In the present work, a critical analysis is investigated and carried out, of those schools that over the centuries have tried to address the difficult issue that we hereafter formulate as a question: What makes it possible for the law that governs the territory of one State to be applied in a different one? Such schools have attempted to answer this question through what have been called foundations. There are three main categories of foundations that can be said to have existed simultaneously. The first category is called Utilitarian or Utility foundations, and in it, we find the foundation of International Courtesy and the foundation of Reciprocity. The foundation of Courtesy is defended by the Hollandaise school, which, to be fully understood, places us in the need to priorly study the Italian school of Glossors, the Italian school of Postglossors, and to the French school, while the foundation of Reciprocity will lead us to the study of a particular historical context of old France. A second category is the one that has to do with the Political foundation, which will lead us to the study of the foundation of Nationality, which, by the way, is upheld by the school of the famous Professor Mancini. Finally, the third category is that which refers to the Legal foundations, which will lead us, in turn, to the study of the foundation of Respect for Sovereignty, formulated by the school of Pillet, the foundation of the Community of Law promulgated by the school of Savigny and the foundation of the International Juridical Community, standard of the school of Havana of Bustamante.