UNA APROXIMACIÓN AL TRATAMIENTO DE LAS NORMAS INTERNACIONALMENTE...
The presence of overriding mandatory rules was observed by von Savigny as norms of a positive and strictly mandatory nature. During the last century, scholars' interest re -emerged, as reflected by the issue's approach by modern private international law rules and by the law of the Europea...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2016
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| Acceso en línea: | http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=juridica&cl=CL1&d=HWA_3937 https://repositoriouba.sisbi.uba.ar/gsdl/collect/juridica/index/assoc/HWA_3937.dir/3937.PDF |
| Aporte de: |
| Sumario: | The presence of overriding mandatory rules was observed by von Savigny as norms of a positive and strictly mandatory nature. During the last century, scholars' interest re -emerged, as reflected by the issue's approach by modern private international law rules and by the law of the European Union. The Argentine Civil and Commercial Code has faced the challenge of regulating the application of overriding mandatory rules, not only those lex fori but also those lex causae and those of third States. In the latter case, it has established that decisions are to be taken by judges, albeit with an element of flexibility and within certain parameters. This paper will present some considerations with the purpose of contributing to the identification of said rules and of providing some tools for their application. |
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