Fundamental Principles of Private International Law

The principles of private international law are fundamental rules of a general character, which express the values, aims and guidelines of this branch of law and which underlie the elaboration, interpretation and application of conflict and procedural rules concerning legal relations with a foreign element. In concrete terms, the principles lay down the general orientation of the rules, guide the resolution of conflicts of laws and jurisdictions, provide a foundation for specific institutions (e.g. international public policy, party autonomy), and ensure the coherence and unity of private international law. The principles of private international law are of particular importance as they ensure the coherence and predictability of international legal relations and lay down clear rules on how to determine the applicable law, which court has jurisdiction and how to recognise the effects of foreign judgments. This enables individuals and companies to know which rules to refer to when entering into legal acts with foreign elements. Through these principles, States can prevent the application of foreign provisions that are contrary to their own fundamental values (e.g. respect for human rights, good morals). The balance between openness to foreign law and the protection of the national interest is thus guaranteed. In other respects, the principles enable foreign judgments to be recognised and enforced and facilitate cooperation between the judicial authorities of different States, which is essential in the context of globalisation and the increasing mobility of persons and capital. By allowing parties to choose the applicable law, the principles foster confidence in international legal relations and the development of cross-border trade. The reality is that, without these principles, the same facts could be treated differently from one State to another, creating legal uncertainty and insecurity, and the principles offer solutions to avoid such conflicts. In a world where migration, outward investment and intermarriage are common, the principles of private international law provide the necessary framework for resolving complex disputes.