Values preferred by rational legislator in private international law

Abstract

Conflict of laws rules of private international law are characterised by a different structure than rules of substantive law, which is conditioned by the purpose they serve. The doctrine indicates that conflict of laws rules have purely a technical nature, therefore the question arises are whether these rules a carrier of values, the same as substantive law rules. Assuming however that conflict of laws rules are a carrier of values requires further inquiry concerning values which these norms serve, and which values should be particularly favoured by a rational legislator. The purpose of this study is an indication what values are implemented by conflict of laws rules adopted by a rational legislator.