The private international law communitarization

Author:Maria João Mimoso - Maria do Rosário Anjos - André Almeida
Position:Maria João Mimoso - University Portucalense, Researcher Portucalense Institute for Legal Research, Portugal, mjmarbitragem@gmail.com. Maria do Rosário Anjos - University Institute of Maia, Researcher Portucalense Institute for Legal Research, Portugal, rosario.anjos@socadvog.com. André Almeida - University Portucalense, Portugal, andrew17...
Pages:6-15
SUMMARY

The Community impact on private international law (PIL) began to be felt in the late 1990s. A phenomenon that would become a visible reality through an exponential increase in legal texts of community origin on issues related to PIL. Such was anchored in the concern to ensure the proper functioning of the internal market and the need to regulate private relationships that went beyond the limits... (see full summary)

 
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Studies and comments
The private international law communitarization
Associate professor Maria João MIMOSO1
Assistant professor Maria do Rosário ANJOS2
André ALMEIDA3
Abstract
The Community impact on private interna tional la w (P IL) bega n to be felt in the
late 1990s. A phenomenon that would become a visible reality through an exponential
increase in legal texts of community origin on issues related to PIL. Such was anchored in
the concern to ensur e the proper functioning of the internal mar ket and the n eed to regulate
private r elationships that went beyond the limits of each state, enhanced by the freedom of
movement (people, goods, services and capita l), one of the cornerstones of European Union.
This study aims to reflect on the creation of the Interna tional Law European P rivate and its
impact on state PIL. A literature review will be conducted in order to understa nd the
evolution of this reality after the Treaties of Amsterda m and Lisbon. We will use a deductive
and speculative reasoning anchored the views expressed by the doctrine, law a nd
jurispruden ce. We will tr y to demonstrate the disuse of the classic PIL (of sta te origin) in
relation to the community PIL.
Keywords: Priva te International Law; Trea ties; Amsterdam; Lisbon.
JEL Classification: K33
1. Introduction
By making a brief foray into the source of conflict rules, as instruments
delimiting the law applicable to a particular international private relationship, we
have come to the conclusion that these can emerge, especially, from three systems
of sources: national source, which is subordinate to the national legislative activity;
conventional source, which are norms in international treaties; and institutional
source, that include norms elaborated within international organizations in a process
of economic and political integration.
This enumeration on the methods of creation and revelation, due to the
current relevance of the theme, impels us for an analysis of Private International Law
(PIL) of Community origin.4
1 Maria João Mimoso - University Portucalense, Researcher Portucalense Institute for Legal Research,
Portugal, mjmarbitragem@gmail.com
2 Maria do Rosário Anjos - University Institute of Maia, Researcher Portucalense Institute for Legal
Research, Portugal, rosario.anjos@socadvog.com
3 André Almeida - University Portucalense, Portugal, andrew17_almeida@hotmail.com
4 Iriarte ÁngeL, José Luis, La Armonizacíon del Derecho Interna cional Privado por la Unión Europea,
Jado: boletín de la Academia Vasca de Derecho = Zuzenbidearen Euskal Akademiaren aldizkaria,

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