고대 그리스로부터 근세에 이르기까지 국제민사소송의 시대적 변천에 관한 연구 - 국제재판관할과 준거법의 문제를 중심으로 -

In the ancient Athene, ‘polemarchos’ charged civil claims occurred between foreign residents or athene citizen and foreign resident. Basically they applied the law of forum(Lex fori) for a general case, Greek common law for a commercial, as a proper law. A inscription in 1st century B.C. shows the ancient Ephesus and Sardes made a kind of an international treaty, in the compensation claims, the law of domicile or the law of forum. After the Poeni war, the ancient Rome become a center of international trade in the Mediterranean world. As the international civil cases increases, the praetor peregrinus assumed fully in charge of between roman citizen and foreigners. the praetor peregrinus devised 'ius gentium' that can applied to all the peoples equally, developed 'ius honorarium' that was generated through official announcement and cases. In the early Middle Ages, due to the principle of personal jurisdiction and self-sufficient economy of feudalist system, the international civil cases was very exceptional. After the Crusades, international business transaction was promoted by the city-states. From the Glossatoren including Bartolus to Savigny, many scholars established the system of private international law over a few centuries. Now a days, each nations have the rule of Internationale Zuständigkeit and private international law. Many organizations and scholars including Hague Conference on Private International Law, concentrate effort towards the unification of the rules.