From Conflict of Laws to Conflict of Cultures

• Department of Law

This event, co-organised by the Cultural Heritage Working Group and the International Law Working Group, features a paper presentation by Vanessa Grifo.

Abstract:

The concern with the Other is undoubtedly the fulcrum of private international law: It decides which country’s law is applicable in a private law case that entails a cross-border element. In this way, the discipline takes account of the fact that a private-law relationship may fall within the scope of several legal systems. Based on this understanding, French scholar Henri Batiffol argues that private international law is concerned with faire vivre ensemble des systèmes juridiques différents . By analysing recent developments in private international law legislation and court decisions this paper challenges this classical understanding of private international law. The paper aims to show that, especially in the area of family law, it is no longer the states state legal systems that compete for their respective application, but the cultures behind them. The function of private international law is thus no longer focused on the state as such but its underlying culture. This cultural conflict is particularly evident when religious and secular legal systems compete for application in family law. Dealing with the Other – in the form of the application of foreign religious law – challenges the previous understanding of functioning and methods of private international law.

About the speaker:

Vanessa Grifo is PhD candidate at the University of Heidelberg. She studied law in Heidelberg and Milan. Following her first state examination, she started her PhD at the University of Heidelberg in September 2020. Her project focuses on cultural conflicts in private international law that arise when courts of secular states are confronted with foreign religious law. She is currently visiting student at the EUI Law Department. Vanessa Grifo also teaches private law at the University of Heidelberg.

The event will be held via Zoom. All are welcome to attend. Please register at the link above by 13 October 2021.