Historical aspects of the emergence of private international law: ancient and medieval periods

The article highlights the problem of historical aspects of the emergence of private international law through the prism of a comparative analysis of the ancient and medieval periods of its development. Factors that influenced the emergence and historical development of international private law at this time are analyzed in detail. We have analyzed the circumstances and consequences of the birth of international private law in the ancient period of historical development. The process of legal development of Ancient Greece and Ancient Rome was accompanied by intensive political-diplomatic, socio-economic and civilizational contacts within the entire Mediterranean region, as well as a number of other regions. The flourishing of the cultural, political and economic life of Ancient Greece in the 5th century. to n. gave rise to rapid progress in the legal indicators of the ancient Greek political system. In turn, Ancient Rome continued to unite the Mediterranean region into a single entity from the point of view of the communication system, large-scale trade operations, and cultural influence. The author defends the opinion, developing the available historiographical assessments, about the justified nature of the point of view regarding the existence of historical origins of international private law not in the Middle Ages, but specifically in the period of antiquity. Additional confirmation of this point of view can be served by the fact that it was in the period of antiquity that the so-called Latin formulas «binding» became already known. This is manifested, among other things, in the concept of «conflict of laws», as well as a number of other legal formulas. The trend of the further development of private international law against the background of the decline and subsequent disintegration of the Roman Empire is followed. The gradual spread of Roman law took place in all Italian states, which led to the further development of elements of private international law. The emergence of legal conflicts in the process of the collision of Italian legal realities with Roman legal realities led to the process of adapting the corpus juris civilis to Italian legal practice. Conclusions are made about the emergence of the main indicators of private international law precisely in the era of antiquity, that the medieval stage of the development of private international law borrowed ancient traditions and adapted them to the realities of the development of its time.