Article | Methodology of Private International Law |
---|---|
Authors | Dovhert A., Merezhko O. |
Name of magazine | Scientific journal «Private Law» |
Issue | 1 (русский язык) / 2013 |
Pages | 43 - 51 |
Annotation | In order to generate a new theoretical knowledge in the sphere of Private International Law (PIL) the authors suggest to apply not widely used in Ukraine different methods of investigation (namely, no positivistic). The authors start with notion that there exist only 3 sources of phenomenon’s cognition, including the law: 1) sensitive experience; 2) intellect; 3) intuition, which finally led to the philosophy of materialism, idealism or intuitionalism. Taking such approach, PIL could be firstly investigated from the point of view of its material content (individuals or concrete state material interests). Secondly, PIL is considered from the point of view of legal notions and constructions of legal logic (positivism and jurisprudent of notions). Finally, it is possible to penetrate intuitively into the content of PIL and its links with real life. |
Keywords | private international law, conflict of laws, methodology of PIL. |
References | |
Electronic version | Download |