MANDATORY RULES AND PUBLIC POLICY CLAUSE IN PRIVATE INTERNATIONAL LAW
Journal Title: Правова держава - Year 2016, Vol 21, Issue
Abstract
The article investigates mandatory rules and public policy clause as protective mechanisms of public policy in private international law. Scientific conceptions, reflecting views on the nature and distinctive properties of these mechanisms are considered. It was found that mandatory rules of international private law act as norms of a direct effect, and because of their exceptional importance, they shall directly be applied. In turn, this excludes the need to establish the applicable law. As to the defense mechanisms of the public policy clause, they are, a priori, based on recognition of a foreign law, and are activated only in case of violation or threat of violation of the fundamental values of the State.
Authors and Affiliations
O. N. Nagush
Keywords
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