General-Concepts-of-Private-International-Law.pptx

international law

1. General Concepts of Private International Law This presentation will explore fundamental concepts in private international law, examining how different legal systems interact and how conflicts are resolved.

2. Conflict of Laws and Substantive Law Methods Conflict of Laws Addresses the need to choose between different legal systems when resolving disputes involving a foreign element. Conflict rules refer to substantive laws to resolve specific issues. Substantive Law Provides uniform rules for regulating similar relations across different countries. Promotes certainty and uniformity in resolving disputes.

3. T he most common collision bindings In legislation , in international treaties and in the practice of various states , various conflict of laws bindings ( attachment formulas ) are used , usually having Latin designations . Here are the most common collision bindings and the relationships to which they apply : - personal law of an individual ( lex personalis ), the varieties of which are the law of citizenship of a person ( lex patriae ) and the law of the place of residence of the person ( lex domicilii ). They are applied when regulating relations involving citizens ( determination of legal capacity and competence ) - Articles 1195, 1196, 1197 of the Civil Code of the Russian Federation, Article 156 of the Family Code of the Russian Federation, paragraphs 1 and 2 of Article 23 of the Minsk Convention 1993 г; Article 26 of the Chisinau Convention 2002 г. - personal law of a legal entity ( lex societatis ). Indicates the state affiliation of a legal entity ( usually , in international private law , they conventionally speak of the " nationality " of a legal entity ) - Art. 1202 of the Civil Code of the Russian Federation, paragraph 3 of Art. 23 of the Minsk Convention 1993 г, paragraph 3 of Art. 26 of the Chisinau Convention 2002 г; - the law of the location of the thing ( lex rei sitae ). Applies to property rights and other property rights , in the area of inheritance - Articles 1205, 1213, 1224 of the Civil Code of the Russian Federation, Articles 38, 45, 46 of the Minsk Convention 1993 г, Articles 41, 48, 49 of the Chisinau Convention 2002 г; - the law of the place where the act is performed ( lex places actus ). It is used in various versions when determining the form of the contract , the form and terms of validity of the power of attorney , in the field of inheritance , etc . - Articles 1209, 1217 of the Civil Code of the Russian Federation, Articles 39, 40, 41 of the Minsk Convention 1993 г, Articles 42 - 44 of the Chisinau Convention 2002 г; - the law of the place of conclusion of the contract ( lex places contractus ) and the law of the place of performance of the contract ( lex places solutionis ). They are used in the field of the law of obligations in the legislation of a number of countries ; - the law of the country where the work is performed ( lex places laboris ). It is used in the legislation of a number of countries in the field of labor relations ; - the law of the place where the offense was committed ( lex places delicacies commissi ). Applies to obligations resulting from causing harm - Art. 1219 of the Civil Code of the Russian Federation, Art. 42 of the Minsk Convention 1993 г, Art. 45 of the Chisinau Convention 2002 г; - the law of the place where the marriage is concluded ( lex places celebrationis ). It is used in the legislation of a number of countries regulating family relations ; - flag law ( lex flagi ). It is used in the field of merchant shipping - Art. 415 of the Merchant Shipping Code of the Russian Federation; - the law governing the essence of the relationship ( lex causae ). It is used in a number of countries , mainly in the field of the law of obligations ; - the law of the country of the court resolving the dispute ( lex fori ). It is applied in the field of civil procedure . The court applies its law on matters of civil procedure ; - the law chosen by the arbitrators ( lex arbitri ). In a number of countries , including Russia, in the absence of any indication by the parties , international commercial arbitration applies the law determined in accordance with the conflict of laws rules that it considers applicable - paragraph 2, clause 1, Article 1186 of the Civil Code of the Russian Federation, Article 28 of the Law of the Russian Federation on International Commercial Arbitration 1993 г. - the law of the location of the court conducting the bankruptcy proceedings ( lex fori concursus ). It is used in the field of cross-border bankruptcy .

4. National Treatment and Most-Favored-Nation Treatment National Treatment Ensures foreign individuals and legal entities are treated equally with domestic counterparts in terms of rights and obligations. Can be established through domestic legislation or international treaties. Most-Favored-Nation Treatment Guarantees foreign persons the most favorable treatment granted to any other state. Can only be established through international treaties.

5. Reciprocity and Retortion Reciprocity Mutual recognition by states of the effect of their laws and the rights arising from them. Can be applied in a broad sense (mutual recognition of legal systems) or a narrow sense (provision of specific rights). Retortion Lawful coercive actions taken by a state in response to discriminatory treatment by another state. Aims to restore reciprocity and must be proportionate to the act that caused them.

6. Structure and Content of Conflict Rules 1 Strict Conflict Rules Consist of two parts: scope (relevant legal relations) and binding (law to be applied). 2 Flexible Conflict Rules Refer to the law most closely connected to the legal relationship. Provide greater flexibility and adaptability in resolving disputes.

7. Qualification of Legal Concepts Primary Qualification Interpretation of legal concepts in accordance with the law of the forum to determine the applicable conflict rule. Secondary Qualification Qualification of legal concepts after the conflict rule has been applied, based on the legal system referred to by the rule.

8. Return Reference and Reference to a Third Country 1 Reverse Reference 2 Domestic Law Refers to foreign law. 3 Foreign Law Refers back to domestic law or a third country's law.

9. Public Order Clause Public Order Limits the application of foreign law if it contradicts the fundamental principles of the forum's legal order. Modern Approach Cautious and balanced approach to defining and applying the public order clause.

10. Application of Mandatory Norms Ordinary Mandatory Norms Subject to application within the legal system of the forum. Can be overridden by agreement of the parties or choice of law. Super-Mandatory Norms Applied regardless of the applicable law, overriding choice of law and conflict rules. Ensure the protection of fundamental principles and public interests.