SOME EXAMPLES OF INTERPRETATION OF THE CATEGORY OF PUBLIC ORDER IN THE US CASE-LAW
Journal Title: Legea și viața - Year 2018, Vol 2, Issue 4
Abstract
The US case law has accumulated a rich experience in the sphere of application the pub- lic order clause. This experience is linked with various scientific and theoretical studies of the public order in the system of private international law. In this article, the attention will be directed to the analysis of the main tendencies of US case-law in the area of the application of the instrument of public order clause and the most significant marker cases in this area of law. The complexity of the application of the public order clause in decisions of the US judicial institutions is inextricably linked with the interpretation of the legally unclosed terms of the existence and development of a society: morality, culture, legal, economic, and political plat- form in the state. The case-law, on the one hand, characterizes the form of expression of pub- lic interest, but on the other serves as means to justify the adoption by a court of a decision. The main task of this paper is to find out the main trends of the application of the public order clause by the US courts.
Authors and Affiliations
Yuriy GORDA
Keywords
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