Ernst Rabel



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Download Front Matter (35 KB)

Download Foreword and Preface (593 KB)

Download Table of Contents (735 KB)

Download One: Introduction; 1. Literature and Sources of Conflicts Law (1470 KB)

Download 2. Structure of Conflicts Rules (970 KB)

Download 3. The Development of Conflicts Law (1268 KB)

Download Two: Personal Law of Individuals; 4. The Personal Law (2257 KB)

Download 5. Specific Applications of the Personal Law (699 KB)

Download 6. Capacity (665 KB)

Download Three: Marriage; 7: Marriage (1679 KB)

Download 8. Substantive Requirements for Marriage (1952 KB)

Download 9. Personal Effects of Marriage (1287 KB)

Download 10. Effects of Marriage on Property (2075 KB)

Download Four: Divorce and Annulment; 11. Divorce (2950 KB)

Download 12. Recognition of Foreign Divorce (2133 KB)

Download 13. Effects of Divorce (676 KB)

Download 14. Annulment of Marriage (646 KB)

Download Five: Parental Relations; 15. Parent and Child (1983 KB)

Download 16. Illegitimate Children (816 KB)

Download 17. Adoption (1002 KB)

Download Bibliography (441 KB)

Download Table of Statutes and International Conventions (700 KB)

Download Table of Anglo-American Cases (483 KB)

Download Index (484 KB)


Full application of comparative methods to the law of conflicts requires a working plan of some magnitude. We ought to take stock of the conflicts rules existing in the different countries of the world, state their similarities or dissimilarities, and investigate their purposes and effects. The solutions thus ascertained should moreover be subjected to an estimation of their usefulness, by the standards appropriate to their natural objective. Conflicts rules have to place private life and business relations upon the legal background suitable to satisfactory intercourse among states and nations. They are valuable to the extent that their practical functioning, rather than their legal appearance, serves this purpose.

To meet the challenge of this program with limited forces is a risky undertaking. Nevertheless it has to be attempted. The conditions of the law of conflicts are deplorable. It may be said, to the reader's and my own consolation, that the staggering provincialism apparent in the international family law presented in this volume is not equaled in other parts. But if conflicts problems have been cultivated by men of the highest erudition, idealism, and endeavor, they have also been the object of prejudice and dogmatism. Suggestions of almost all needed ideas may be found, but little agreement on a sound choice. The courts of this country dealing with a wealth of interstate cases have prevailingly shown sincere respect for foreign legislation and applied an accomplished method of comparative research. But this admirable attitude, which is the most outstanding model for the practice of private international law, suffers exceptions, and in the field of international relations throughout the world, despite enormous efforts, the simple truth that harmony presupposes mutual understanding and tolerance, has not prevailed in conflicts law more than in foreign affairs.

Publication Date



The University of Michigan Press, Callaghan & Company


Ann Arbor, Chicago


Yntema (Hessel), Conflicts rules, Conflicts Law, Personal law, Marriage, Foreign marriages, Requirements, Property, Effects, Divorce, Foreign divorce, Parent and child, Annulment, Adoption, Parents


Comparative and Foreign Law | Conflict of Laws | Family Law | Property Law and Real Estate


Published under the auspices of the University of Michigan Law School (which, however, assumes no responsibility for the views expressed) with the aid of funds derived from gifts to the University of Michigan by William W. Cook.

The Conflict of Laws: A Comparative Study. Volume One. Introduction: Family Law