Article | Foreign Element and National Law: Forms of Normative Interaction |
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Authors | Yehorova O. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 3-4 / 2013 |
Pages | 223 - 234 |
Annotation | The aim of study is determination of the forms of interaction between the national law and socio-legal components of foreign origin. For the first time the problem is considered on general theoretical level, going beyond the private international law framework. The study was conducted by way of the theoretical and applied research of foreign and national law at the level of macro-elements of legal reality — legal systems and legal families. The study examined only normative forms of interaction of national law with foreign elements. There are three forms distinguished: acknowledgement of foreign elements by national law; «appropriation» of a foreign regulatory space by national law; compromise of national and foreign law in regulation of social relations. The theoretical nature of the study allowed the application of noted forms of regulatory cooperation in all spheres of social relations governed by different branches of law. As a result of conducted research the systematization of forms of interaction between foreign and national law in the matters of legal regulation of relations was made possible. In turn, in scientific terms this systematization allows formulating a new idea about the general nature of the regulatory interaction between the contemporary legal systems, and in practical terms may improve the quality of law enforcement by entities that use foreign and international law. |
Keywords | foreign element, national law, legal unification, conflict rule, compromise. |
References | |
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