TY - JOUR
T1 - Reflexiones en cuanto a la figura del orden público y su pertinencia en los albores del siglo XXI
AU - Marín Fuentes, José Luis
N1 - Publisher Copyright:
© 2020 Iprolex. All rights reserved.
PY - 2020
Y1 - 2020
N2 - This paper tries to describe in a tangential way the role of a figure that has been considered to be sometimes enigmatic, imprecise and ethereal, and that has always playe dan important rol, and which is none other than the so–called “ordre public” [public policy]. To do this, we will try to see if there is something new about this concept and what is its relationship with other social and legal sciences. In this sense, we will study the possible links that may exist between “ordre public” [public policy] and social order; in the same way, see if there is any concordance with its postulates with those of social morality, as well as with those rights called fundamentals in a certain legal system. We will also look whether there are correspondences with some branches of the law such as economic law, public law and including within this, the constitutional law, all that, in light of a legal, as well as from the social sciences position. This study will be made in order to respond to several questions regarding the current relevance and application of local and international public policy rules, to the different legal situations that arise not only in the spectrum of private international law, but also in the development of current societies.
AB - This paper tries to describe in a tangential way the role of a figure that has been considered to be sometimes enigmatic, imprecise and ethereal, and that has always playe dan important rol, and which is none other than the so–called “ordre public” [public policy]. To do this, we will try to see if there is something new about this concept and what is its relationship with other social and legal sciences. In this sense, we will study the possible links that may exist between “ordre public” [public policy] and social order; in the same way, see if there is any concordance with its postulates with those of social morality, as well as with those rights called fundamentals in a certain legal system. We will also look whether there are correspondences with some branches of the law such as economic law, public law and including within this, the constitutional law, all that, in light of a legal, as well as from the social sciences position. This study will be made in order to respond to several questions regarding the current relevance and application of local and international public policy rules, to the different legal situations that arise not only in the spectrum of private international law, but also in the development of current societies.
KW - General principle of law
KW - Globalization
KW - Morality
KW - Private international law
KW - Public policy
UR - http://www.scopus.com/inward/record.url?scp=85105492289&partnerID=8YFLogxK
U2 - 10.19194/aedipr.19/20.17
DO - 10.19194/aedipr.19/20.17
M3 - Artículo de revisión
AN - SCOPUS:85105492289
SN - 1578-3138
VL - 19-20
SP - 461
EP - 488
JO - Anuario Espanol de Derecho Internacional Privado
JF - Anuario Espanol de Derecho Internacional Privado
IS - 19
ER -