A reading of Savigny’s choice-of-law theory from the perspective of recognition of acquired rights

Abstract

The aim of this work is the analysis on the legal perspective of recognition in Savigny's choice-of-law theory and the important role of the protection of acquired rights. A deep of his work shows us the double function of this notion, as an objective and as principle for the interpretation and application of the model positivized by the author. Regarding the main purpose, the spatial continuation of acquired rights, Savigny takes in account this aspect at the beginning of the creation, given he does not only restrict himself to the determination of the limits of the existing law in a period. He goes beyond, he tackles it in the dynamic sense, emphasising the acquired individual right, as an object of the legal relationship, and always with the aim of spreading its effects in the frame of the community of law. The analogy found by the author between the spatial and temporal limit of the legal rules contributes to this dynamism. Savigny, though, does not stop with the creation of the legal relationship but tackles as well the phase of extraterritorial validity of acquired rights. This matter places us inside the legal thought of the author facing the recognition of the acquired rights because of a change of a formal element and from the recognition of acquired rights based on legal acts verified abroad.