네덜란드 민법 10권상의국제사법의 규정 과정과 그 내용

The core of Dutch Private International Law has been codified as part of the Dutch Civil Code Book 10. The 10th book of the Dutch Civil Code came into effect on January 1st 2012. The new book provides a classification, consolidation and codification of previous PIL. In the Netherlands, the prevailing view is that private international law should promote international uniformity, whereas the promotion of Dutch national interest through conflict of law rules is of much less importance. Multilateral conflict of law rules do not distinguish between the lex fori and foreign law and are thus treated on an equal footing. Still, Dutch case-law demonstrates that in international cases the lex fori is more often applied. Nowadays, Dutch private international law contains only few unilateral conflict of law rules. But foreign law shall not be applied to the extent that the application thereof is obviously incompatible with public order(Article 10:6 Conflict with Dutch public order). If a statute lacks a written scope rule, the court may, through interpretation, apply the statute as a mandatory rule. These can be illustrated by the case-law concerning Article 6 of the Labour Relations Decree and another example in the case of the Bredius Musuem. Hard-and-fast rules can be prevented by formulating special exception clauses for each field of law or by including a general exception clause in the general part of the code. So the Dutch courts pursue for flexibility. Moreover party autonomy plays an important role in Dutch private international law. Field of family law has thereby been conquered by party autonomy. The influence of substantive law is discussed in relation to the techniques which are used in private international law: the centre of gravity approach; functional allocation; the favour approach; mandatory rules; application of the lex fori; facultative choice of law. Still Book 10 does not cover all issues of PIL but further pieces of legislation can be inserted.