Conflict of laws significance
In international private law (IPR) , the personal statute originally meant the entirety of the provisions of a legal system about the personal living conditions of a person ( personal , family and inheritance law ). In doing so, it was more or less uniformly linked either to nationality (nationality principle; for example in Germany) or to domicile or habitual residence (for example still in Switzerland today).
Meanwhile, however, which links the EU conflict of laws for family and inheritance increasingly to the habitual residence for about legal and contractual capacity , of name , declaration of death , the conditions of marriage and care , guardianship and foster care will continue to be linked, among others in Germany to nationality .
This requires a certain change in the concept of personal status : Either one continues to refer to the term in the subject of connection to all personal circumstances, but then more and more different connection factors have to be taken into account (partly nationality, partly residence, i.e. there is no uniform personal status for the same person). Or one restricts the area of the personal circumstances to be considered in the connecting object, for example to those in which the nationality is connected. The latter is conceptually mandatory in Austria.
In international company law there is also a personal statute for legal persons. It is either linked to the actual seat of their main administration (seat theory; see Germany and Austria) or to the state under whose law they are organized (start-up theory; see Switzerland).
Material legal significance
In terms of material law, the personal, family and inheritance law in the countries of North Africa and the Near and Middle East are referred to as personal statutes ( Arabic قانون الاحوال الشخصية, DMG qānūn al-aḥwāl aš-šaḫṣīya ; also: personal law). Most of the time, these regulations are split in terms of personnel ( confessional ) , so they only apply to members of a specific religious denomination .
- EGBGB in the original version from 1896 and also in 1986 ( BGBl. I p. 1142 ); see. also the statements in BT-Drs. 10/504, p. 30 f.
- IPRG of 1987
- Art. 7, 10, 9, 13, 24 EGBGB
- § 9 IPRG
- so expressly in Austria § 10 IPRG
- Art. 154 PILA
- Example: Tunisia, Code du statut personnel (1956) = مجلة الأحوال الشخصية
- Example: Personal status of the Catholic community in Lebanon (1949) and in Syria (2006), each jointly for the Melkite Greek Catholic , Maronite , Armenian Catholic , Syrian Catholic , Latin and Chaldean Church