Panama’s new PIL statute translated and analysed in RabelsZ
In the issue 82 (2018) of the Rabel Journal of Comparative and International Private Law, Jürgen Samtleben offers an in-depth treatment of the history and content of Panama’s new Code of Private International Law, considering also the relevance of the new law in the Latin American context. Accompanying the article is Samtleben’s annotated German translation of the statute.
The small Republic of Panama is an international finance centre and home to the headquarters of many off-shore companies which benefit from the country’s tax law. Additionally, a considerable volume of foreign assets is administered in private interest foundations and trusts that are subject to special rules. For foreign shipping companies, Panama offers a simple option for registering ships under its flag of convenience.
Given this international interconnection, the legal regulation of conflicts of law is of substantial practical importance. In October 2015, Panama’s new PIL codification took effect, broadly regulating private international law and international civil procedure. Featuring 163 articles, it is the most comprehensive national codification of PIL in all of Latin America.
Dr. Jürgen Samtleben, head of the Latin America Unit at the Max Planck Institute for Comparative and Private International Law from 1971 to 2002, has now undertaken to create a German translation of the code, which is published in Issue 82 (2018) of the Rabel Journal of Comparative and International Private Law (RabelsZ). In order to better understand the Code and the “unconventional structure” identified by Samtleben, he has also authored a detailed article that explores the development of private international law in Panama and Latin America and that examines the individual rules. The article, titled “Internationales Privatrecht in Panama – eine neue Kodifikation in Lateinamerika” (Private International Law in Panama – A new codification in Latin America) appears in the same RabelsZ issue.
Since its establishment in 1927, the Rabel Journal of Comparative and International Private Law has pursued theoretical as well as practical goals. Through the exploration of foreign law and research, it serves as a forum promoting international scholarly dialogue and academic exchange. At the same time, it serves as an aid to legislators by considering experiences beyond Germany’s borders, and it strives to address the questions arising with the increasing unification of laws through international treaties.