Două chestiuni privind conflictul de legi

Conf. univ. dr. Radu Bogdan BOBEI

Facultatea de Drept, Universitatea din Bucureşti

ABSTRACT

The case Intercontainer Interfrigo SC(ICF) v. Balkenende Oosthuizen BV şi MIC Operations BV, as solved by the former European Court of Justice, inspired my scholarly demarche to unveil how 2 (two) issues related to the conflict of laws - the partial choice of law and the savignian rule of geographical proximity - are used in the European Union’s realm, but also in the realm of international law and foreign law altogether. I reached the preliminary conclusion that the virtual nowadays realities, on the one side, and the contractual sophisticated projects, on the other side, are going to modify or are already modifying the identity of the issues at stake. Such new identity may enable the scholars to initiate the so-called conceptual "decolonization" of the concept of conflict of laws, to accompany the conceptual decolonization of international law itself.

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