德国国际私法渊源的新发展

在传统上,德国国际私法的渊源包括制定法、德国缔结或者参加的各种国际私法条约、习惯法和判例法,但是随着欧盟国际私法统一化的深入发展,尤其是欧洲共同体在公司法、合同法、物权法、知识产权法、破产法和国际民事诉讼程序法等领域的立法不断加强,欧盟法中的国际私法规范逐渐渗入德国国际私法,从而使德国国际私法的渊源突破了传统的范围,越来越多地打上了欧盟法的烙印,呈现出“欧盟化”倾向。

The New Developments of the Sources of German Private International Law

The sources of German private international law include traditionally statute law, treaties of private international law which Germany has concluded or acceded, customary law and case law. With the deep developments of unification of private international law in the European Union (EU), especially the legislations of European Community in the fields of company law, contract law, right in rem, intellectual property law, insolvency law and international civil procedural law, the norms of private international law in EU legal system are seeping into German private international law, the traditional scope of its legal sources has been broken through, branded more and more with EU-law and takes on a tendency of europeanization.