LawState and Law

IPP: subject, concept, principles. Modern International Private Law

Practically 200 legal systems existed in the world to the beginning of the formation of private law at the international level. Each of them carried out its functions separately by establishing certain norms for regulating, in fact, the same social interrelations. However, it often became necessary to exercise additional control over rights, which was the main reason for creating a system of special norms that took into account the international nature of relations.

The essence and subject of private international law

The IPP is a complex that combines the relevant norms of the legislative base of the state, as well as treaties and traditions of an international character, regulating the relations of a property or personal plan with the condition of their complication by at least one element of the legislation of another country.

It is important to note that the IPP (subject and method of it) occupies a special position in the general legal system, since it forms an absolutely independent branch of jurisprudence. Relations controlled by the rules of international law are not within the jurisdiction of a particular state, which proves their absolute uniqueness.

Defines the IPP subject, which is the regulation of legal relations between citizens with the condition of completing these relationships with a "foreign" tint. Thus, the presented structure allows to fully control private-law interaction through historically formed institutions, which are specific continuations of individual private-legal complexes (civil, labor or family).

Scientific knowledge of IPP

A modern set of scientific ideas and knowledge in the sense of social phenomena with a "foreign" tinge forms the appropriate direction in science, which can be classified into general and special parts, and also includes a civil code of an international character.

Thus, the general part contains the study of sources of PPP, widely used by specialists of the relevant direction, terms, active principles, which are described in detail below, and so on. In addition, familiarity with the legal situation of subjects of civil-law interaction, complicated by a foreign shade, and, naturally, with the state, which is a special subject of this kind of activity, should be attributed to the general part of the considered science. Moreover, science considers foreigners both legal and physical, who solve the problems of private international law.

The special part contains in its structure a number of sections:

  • property rights;
  • International transportation;
  • Interaction with the purpose of performing settlement operations;
  • Family and personal relations;
  • intellectual property;
  • The eradication of disagreements over inheritance;
  • Labor interaction and civil process of an international orientation.

General Principles of IPP

A common element in the structure of law are certain principles. It is important to note that this axiom is equally relevant to the legal system both at the national and international levels. The guiding ideas that characterize the content of PPPs (the subject and concept of the term are discussed above), its essence and purpose, formulate options for improving legal norms, are classified in accordance with two categories: general principles and special ones.

The first group contains the following elements:

  • The principle of national jurisdiction of private-law relations with an element of a foreign state.
  • The principle of conflict management of these relations.
  • The principle of guaranteed use of the legislation of a foreign state in accordance with the conflict of laws rules.
  • The principle of disposability (autonomy of the will of each side).
  • The principle that assumes a single use of the conflict of laws rules.
  • The principle of absolute priority of the norm of an international agreement before the norm of the point of national legislation.

Special Private Law Principles

When solving certain problems of the region under consideration, individuals in private international law are often guided by special principles that are fundamental conflict principles, which are fully recognized by the doctrine of the Ministry of Private Enterprise and are fixed in the legislation as a general rule. In addition, they are often used in practice even if there is no direct indication in the law on this issue. Thus, among the central conflict principles are:

  • The principle of the flag (relations with regard to international transport).
  • The principle of the location of a certain thing (property of a certain person (group of persons)).
  • The principle of the place of harm.
  • The principle of the place of implementation of specific labor activity (regulation of labor relations with an element of a foreign state).
  • The principle of the location of the central executor about a particular transaction.
  • The principle of excluding the leadership of foreign law in the author's relations (concerning the protection of the author's rights).
  • The principle of exclusion of the application of procedural legislation of foreign origin.

Peculiarities of the normative aspect of IPP

The concept of IPP and the implementation of its basic principles require the availability of appropriate legislative guidance. Thus, the normative aspect of the PPP is collision, substantive law and procedural norms. The first group of acts is leading, since the central task of the IPP is to resolve and eliminate clashes between the law and order of the two structures. Conflict norms are defined by the state, the application of the law of which is appropriate in a specific situation, according to the following sources: national legislation and international agreements, in the structure of which there are many unified conflict-of-laws norms.

The second part of the PPP (subject, concept and principles discussed above) includes direct impact standards that govern international civil law relations. Thus, the material and legal norms of both national and international nature have wide application in the regulation of private legal relations with the element of the legislation of a foreign state.

Sources of IPP

Today, in modern literature, there are many different classifications about the forms of demonstration of the will of the state, which has to do with the absolute recognition of the existence of a category such as law, as well as its creation or structural change (supplementing or excluding the relevance of a certain element). In accordance with the most common classification of sources of law are the following components:

  • An international agreement that can be adopted in the form of convection, a pact or an agreement.
  • Laws of a national character (or a specific law, formed at an appropriate level).
  • A certain custom (an unwritten rule that is characterized by a special periodicity of repetition, which the society often encounters). There are traditions of business turnover or merchant shipping, national or local customs.
  • The judicial precedent (it is an independent kind of sources of the SPP and is defined as the decision of the judicial body, mandatory when other courts are familiar with situations of a similar nature).

Functions of IPP

Modern private international law exists to bring relations that go beyond the jurisdiction of one state to an absolute order. The strategic goal is achieved by solving certain tasks, which, as a rule, boil down to performing the following functions:

  • The coordinating function is to clearly reflect the generally accepted standards of conduct for a state through the norms of the IPP.
  • Regulatory function allows to form a system of rules of conduct in the most diverse areas of relations individually for each state.
  • The security function serves as an instrument for inducing all states in the course of their life to be guided by international obligations through their adoption of the relevant norms of the IPP.
  • The protective function provides guaranteed protection of the rights of the state and legal interests of subjects of private law relations.

Methodology of control in IPP

The concept, specificity and subject of private international law, of course, take a special position at the global level. Nevertheless, it is the well-formed methodology that makes it possible to achieve the highest result of the impact of the PPP on the final decision of a particular situation. It is important to note that the completely different positions of specialists in terms of sources and standards of the Ministry of Private Enterprise are predetermining disagreements regarding views on the formation of the methodology. Scientists argue whether there is the possibility of a variety of methods. However, most specialists accept only the general method of IPP - overcoming of collisions. The latter option is fully supported by such figures as VP Zvekov and GK Dmitrieva.

There is also the view that the functioning of the category of knowledge in question is carried out through active leadership of the two elements under consideration: conflict-legal and substantive law. It should be noted that scientists from different countries have invented many similar categories, however, few of them have found wide acceptance in the society. Strong examples of such methods are autonomy of will and unification of law.

Legislative structure of IPP

The concept of IPP presupposes an appropriate normative justification. So, in such a complex of private international law are various in their origin, nature and structure of the norms. A special part of this complex is special elements, which includes the Law on Private International Law. It is accepted practically in all countries of the world (Poland, Hungary, Belgium, Venezuela, Tunisia and so on). It is important to note that the formation of the submitted document, as a rule, is carried out on the basis of a number of principles in terms of structuring the content:

  • The first section deals with general concepts (the essence, the subject of private international law, its sources and methods).
  • The second section assumes the study of the normative aspect of IPP. Thus, through acquaintance with certain norms it is possible to determine the relevant law in the most diverse spheres of social relations.
  • The last section consists of transitional and final provisions serving as a specific finish in the consideration of the document.

Contemporary problems of IPP

Naturally, all types of private international law presuppose certain difficulties in the course of studying and further application of this category. A special place among them is the issue of codification of IPP. We should also highlight the problems of unifying the regulation of private-law public interaction, since public law of an international character serves as the first step in the control of private law relations of the same orientation. In turn, the latter chose to be the central formula of the correlation between national and international public law recognition for the second role of the "absolute beginning".

Everyone knows that today globalization concerns all aspects of life without exception. It means that normative regulation is subject to constant additions and changes that allow us to gradually approach the ideal picture. It is important to note that it is international law that is subject to the strongest pressure of these processes, which can be explained by the productive activities of specialists in addressing current problems.

SPE today

Current trends in the development of private international law are formed in accordance with the processes of world economic integration, as well as the internationalization of social interrelations, which have become known as globalization. Thus, without competent regulation, it is impossible to harmonize economic and personal interests, form a system of extremely beneficial cooperation for both parties, and significantly expand the national framework of rights and freedoms at the individual level. Thus, modern society is striving increasingly to improve the human aspect of private international law. This method of IPP allows to organize absolute safety and protection of human rights in the sphere of family, labor or civil law, which contributes to better understanding between actors of life activity, formation of peaceful and kind relations. Of course, this is a perfect advantage not only in the sense of the considered direction, but also in terms of any aspect of the modern world.

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