| Article | Modern Trends in the Codification of Private International Law |
|---|---|
| Authors | Kysil V. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 2 / 2014 |
| Pages | 89 - 104 |
| Annotation | The author explores the major modern trends and codification processes in private international law. Particular attention is paid to the analysis of reform in conflict and international procedure law of the second half of the XX century as the climax period of codification of private international law in Europe. Many questions and further codification of private international law remain unresolved or controversial at all. One of the trends of modern codification of private international law enshrined in the relevant legislation does not only conflict rules and general provisions of the scope of legal regulation, but also the rules of international civil procedure. The paper analyzes the function of codification and its characteristic features. The author concludes that, to some extent shape legislation MPP may determine a particular stage of development of this branch of law and treated as a unique criterion of periodization codification process. It is noted that several generations of national civil codes containing separate first collision regulations, and then sections on conflicts of law began to be replaced in the second half of the XX century, a new generation of laws in the field of independent IPL. The author concludes that the adoption of autonomous law on private international law is leading the trend since the second half of the last century and this is generally the best option form codification act. The article proves why Ukrainian legislator, unlike other countries that emerged from the former Soviet Union, has chosen the form of codification as a separate law on private international law, and did not formulate these rules as part (separate partition or a book ) of the Civil Code. |
| Keywords | international private law, codification, autonomous codification of private international law, laws on private international law, conflicts of law, competition law, international civil procedure. |
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| Electronic version | Download |