conflict-of-laws
French school of 16th century
<p>I would like to know if you could help me define which school influenced this decision?
A couple of Brazilians living in the United States had to appeal to the High Court of Justice of Brazil to ensure the right to divorce in Brazil because in the previous decisions it was denied because even though thye married in Brazil, they live in USA (the Brazilian law influenced by Story´s commentaries on the conflict of law says that the law of the domicile will be used in case of divorce).
The High Court of Justice accepted the appeal allowing the couple to divorce through Brazilian law since the marriage was celebrated in Brazil.
is it possible to say that the decision of the High Court of Justice was influenced by the French school of 16th century with the theory of D'Argentré?</p>

<p>This is a trick question. Brazil has no such High Court of Justice. The highest appellate court is the Superior Court of Justice. That should be worth at least a few points.</p>

<p><strong>Is it possible to say that the decision of the High Court of Justice was influenced by the French school of 16th century with the theory of D'Argentré?</strong></p>

<p>Sure, that dude (Bertrand d'Argentré) was among the handful of jurists who argued that the law of the location (the <em>situs</em> in the parlance of those brainiacs) of the property forms the foundation of the laws which govern a marriage.</p>

<p>As d'Argentré himself said:</p>

<p><em>Primum, quod Molineus a simplici consueletudinis dispositione elicet partium conventionem et pactum, citra ullam conventionem partium adjectam consuetudini, rationem non habet. Alia enim vis et ratio, aluid ejus, que ab pacto et conventione partium proficicitur.</em></p>

<p>I think I got that right. I am on my mobile and the spell checker is freaking out.</p>

<p>So, yeah, it's possible to say.</p>
