A DOUTRINA DO RECONHECIMENTO INTERNACIONAL DOS DIREITOS ADQUIRIDOS: COMITAS GENTIUM, VESTED RIGHTS E DROIT ACQUIS

It is a common mistake made by many jurist to believe that the acquisition of rights is a subject restricted to Constitutional Law and Intertemporal Law. In order to remove this misconception, this paper seeks to analyze the acquisition of rights under the perspective of Private International Law (Conflict of Law) or, more precisely, the so-called spatial dimension of the acquisition of rights, which since its inception from the Savigny Doctrine in the XIX century has become a mateer of high complexity in contemporary legal Science. To this, end we analyze three major doctrines that have arisen in this field: (1) rights acquired as part of choice of law; (2) the doctrine of vested rights; and (3) the doctrine of recognition of acquired rights (droit acquis). This paper was elaborated using the historical method, which consists in the description of the main theories and the appointment of its contribution and flaws on the topic, supported by the data collected from the major doctrinal work about the subject.