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Fundamental rights of individuals, a draft of an essay; Real securities in roman law; et al. [1] (1942-1944)

handle is hein.ali/hrbor605607 and id is 1 raw text is: In 1940, the American Law Institutep the great American research organization in the field of law, commisioned Professor Ernst Rabel, formerly of Berlin, Gexmany$ with the task of writing a comprehensive treatise on Comparative Private International Law. Since the American LawtInstitute does not have any funds of its own, it had tor.osort to other organizations for the financial support of the ontorpriso. In the course of those negotiations the UnivrsityO 1lichigan, recognizing the importance of the work, doclared:its willing- ness to undertake its finzmcial support by appointing Professor Rabol to a research position on its faculty. When those arrangements wore made it was pointed out by the authorities of tho University of Michigan that th could hob bo continued beyond the end of the calendar year in which Profossor Rabol would complete his seventieth year of ago, i*6*. beyond Doce- bor 31, 1944. While it appearod improbable that the work would be completed by that time, one of the majorreBsearch foundations hold Out the expectation that, circumbtances allow- ing, it would provide the funds necessary for thocompletion of the work after 1944. Now it has turnod out, hoovor, that other commitments undertaken in the meantime do not allow that foundation to finance the completion of the enterprise. The present arrangement will be ended in two months and, unless other support can be found, the work will remain a torso. The undertaking is too importait, however, to be loft in that state. Private InternationalLaw, or, as it is frequently called, Conflict of laws, is th:it branch of the law which is concerned with log.l transactions and relations which cut across state lines and international boundaries. A commercial contract, for instance, is nado between firms located in different states or countries; or p'.rtios are married in one stateo or country and later move into another, whore the hus- band dies, or marital discord arises; or a property coer dies leaving assets in mor than one state or country; or a judgment obtained in one state or country is sought to be enforced in another. It is with problems of this kind that Private International Law is concerned, and, althongh these problems are of the utmost practical importance, their legal treatment is still to a surprisingly large extent unsettled. There exist at thq present time no internationally uniform methods how such cases aro to be handlod. Each country has its own rules and principles and oven within this couitry the matter is in most respects loft to the states to be handled by them; but few state legislators and state judges are . well equipped with the nocossary training and ex- perience. - What beginnings of uniform national tretmont there had boon developed have boon undone by recent decisions of the Supreme Corurt. What is needed in this state of affairs is, first, a comprohonaivo survey of the methods in which such [O 4V7OS

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