DANCEST 805 Lecture Notes - Lecture 85: Friedrich Carl Von Savigny, Glossa Ordinaria, Comity
Document Summary
Introduction: the origin of pil does not lie in roman law. Italy: the question however was how, bartolus a saxoferrato in this regard said that in order to determine the scope of the application of the statutes, one has to pay attention to the words of the customs. If the wording starts with the object, the scope of application of the statues a geographical one and does thus not apply extra-terriorial (= statuta realia) If however the wording starts with the person, then this law does apply outside the territory of the legislator, because then the rule focuses on the succession rule of the oldest son (= statuta personalia) It is thus important to take into account the intention of the legislator for determine the scope of application: this approach is still used in order to determine with a special mandatory.
