ABSTRACT
In the present century, methodological discussion in the field of European Private International Law has been dominated by the so-called ‘recognition method’. This ‘method’ would make it possible to recognize situations that are constituted or consolidated in a foreign legal order or, at least, in the legal order of another Member State of the European Union, even if it is not the applicable law according to the forum choice-of-law rules. This essay seeks to answer some of the questions raised in this debate: are we facing the revival of the vested rights theory? Does this doctrine bring anything new? Is it, in fact, an alternative method or a mere conflictual technique? Should this ‘method’ be generically or to some extent admitted?
Pinheiro, Luís de Lima, The ‘Recognition Method’ in Private International Law – Revival of the Vested Rights Theory? (February 1, 2022). Estudos em Homenagem à Professora Maria Helena Brito (forthcoming).
First posted 2022-02-04 08:00:31
Leave a Reply