IPP system: features and place in the legal system

The modern system of Russian law includes a large number of different industries whose main task is to regulate all kinds of legal relations that arise and operate in society. Such sectors include international private law (IPP), about which features, as well as about the place of the PPP in the legal system, will be discussed in this article.

Concept and subject of IPP

So, international private law is a conglomeration of legal norms of material and conflict nature, both national and international, by means of which the regulation of various civil law relations takes place, in which the foreign element directly participates.

As a direct subject of the IPP system, private-law relationships are complicated by one or another element having a foreign etiology that can be expressed in such types as:

• Presence on the side of the subject of arising legal relationships;
• Presence on the side of the object arising legal relationship;
• As a legal fact.
  

About IPP system

Actually, the system of IPP has a typological similarity with the civil law system and has a three-link structure, namely:

• A common part.
• The special part.
• Civil international process, as well as commercial international arbitration.

The general part includes consideration of such issues as:

• Concept, object, method;
• Conflict of laws rules;
• Immediate subjects;
• Peculiarities of application of foreign legal norms.

In the Special Part, the system of IPP addresses such issues as:

• property rights;
• International settlements and transportation;
• Tort and contractual legal relations;
• Family, hereditary, labor and other international legal relations.

The civil international process and commercial international arbitration exercise regulation of issues related, respectively:

• With legal proceedings in civil cases involving a foreign element;
• With the resolution of disputes of a commercial nature by the current subjects in the process of carrying out foreign economic activities.

IPP in the modern legal system

Considering the question of the place of IPP in the system of law, it should be said that there are several concepts in the modern jurisprudence on this issue, of which the following three are considered to be the most common.

The first of the above-mentioned concepts considers that the IPP is an integral natural part of the domestic law and each of the modern states has its own private international law. This approach is based on the fact that the latter is basically based on national conflict norms, which are fixed in the relevant codes. However, the vulnerability of this approach lies in the fact that, in addition to national norms, the sources of IPP are the norms enshrined in international agreements. International law has the status of an independent legal system, in connection with which its sources can not be regarded as sources of internal law.

According to the second concept, the IPP system Is an independent legal system operating in parallel with such systems as national law and public international law. However, this concept contradicts the generally accepted position that at present there are only two legal systems, one of which is the national law of states, and the second is actually international law, the foundation of which is international agreements and customs.

The third conception considers that the IPP is a multi-system legal complex, the first part of which is included in the structure of national law (national norms), while the second part is included in the structure of international law (norms stipulated in international treaties).

conclusions

Thus, proceeding from the above, it can be stated that the question of the place of the PPP in the legal system is to a certain extent debatable, however, most jurists hold the position that the IPP should be considered a national branch of law having numerous links with International law, but it is not an integral part of the latter.