Article | The Concept, Genetic Basis and the System of Principles of Private International Law |
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Authors |
Zadorozhna S.
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 7 / 2013 |
Pages | 34 - 47 |
Annotation | The principles of private international law are regarded as having an international character, as the international private law, according to the author, is beyond the scope of conflicts of law. The peculiarity of the principles of international private law is that they can be secured in the regulatory legal acts of the public record. The close relationship of international public and private international law stems from the fact that in private international law, and even though it is not on the inter-state relations, but also about such a relationship, stemming from international life. Hence, a number of basic principles of public international law have guiding significance for the international private law. As far as the private international law is a part of domestic law, it is reasonably assumed that the «principles» inherent to legal abstraction, and specific features within the national legal approaches should be inherent in equal measure to the principles of international law. It is logical that the principles of private international law are the principles of private law, with their specific private, self-interest to the parties. Therefore, fairness, integrity and intelligence, and the disabuse of civil law are the essential principles of private law. Principles of private international law are the inherent features of terminology, in particular, that in public international and domestic private law called the «principles», the international private law primarily called the «ground», «basic principles», «basic concepts», «main categories» «basic principles», «beginning», «conflict of laws principles». The issue of international comity and cooperation of national legal systems studied the genetic basis of the principles of private international law. Author carried out an attempt to systematize the principles of private international law. |
Keywords | principles of private international law, generally recognized principles of law, comity, the theory of interaction between national legal systems, the system of principles of private international law. |
References | |
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