ON THE SUBJECT OF PRIVATE INTERNATIONAL LAW
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2015, Vol 20, Issue 2
Abstract
The article examines the nature of social relations, which are the subject of private international law. Scientific conceptions, reflecting views on the subject of private international law, are considered. It was found that, determining the subject of private international law should be based on the nature of relationships that fall under regulation and the character of the regulated relations. The concepts ",civil relationship", and ",private-law relations", are correlated. The modern doctrine of private international law as the main features that characterize the social relations that are the subject of private international law recognizes private law character and international nature of such relations. And only the simultaneous presence of these two features allows you to select from these social relations such that are the subject of private international law. The theoretical problem of the concept of “legal relations with a foreign element” requires a serious clarification. Firstly, foreign element isn’t a structural element of the relationship, secondly, in the actual legal reality it acts as an objectively existing link of elements of private law relations with different legal systems, thirdly, it can be generated not only by the law of the state in which the relationship has appeared and most of all − by the law of another state, fourthly, the foreign element can not occur and affect the legal relations in the absence of conflicts of law.
Authors and Affiliations
O. N. Nagush
Keywords
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