Re - Examining the Theory of Savigny, the Theory of Acquired Rights and the Local Law Theory under Private International Law

Abstract

This paper critically examines the theories of Savigny, The Acquired Rights Theory and the Local Law Theory. In the Introductory part, I discussed the Statute Theory which existed before that of Von Savigny. Most of the theories discussed here emphasize territoriality as a key factor on which most Judges should base their decisions on any Matter or Cause brought before them. This paper discussed Von Savigny’s theory in full details, and makes us to know that Savigny’s theory is still practicable, workable, and cannot be done away with.

The Local Law Theory also has judicial precedents as one of its key factors, and we cannot rule out the importance of precedents which help us to predict the outcome of most Cases even before they have been heard, tried and determined by the Courts. Those theories make it clear for us to understand that no Court of Law sitting in the Forum should be a slave to laws of other countries, and that those seeking to enforce foreign laws in another country should know that those laws or Rights can only be enforced if it is in consonance with those of the law of the Forum, or may be enforced where there is a lacuna in the law of the Forum over such Matter (and it will not do injustice to the citizens of the Forum when they are faced with the same problems). In effect, this paper discusses the usefulness of all the theories discussed, and why none of them can be done away with for any reason. It tells us that those theories are still applicable and very workable in the Courts of Law, as they each have one, two or more key features that prove their relevance in Law and in Fact till date.

Keywords: Theory of Acquired Rights, Savigny’s Theory, Statute Theory,  Local Law Theory, Private International Law, Territorial Law, Sovereign, Ulric Huber, Walter Wheeler Cook, Von Savigny, Cheshire, North & Fawcett