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Regular version of the site

Article

Эволюция коллизионного регулирования в международном частном праве России

Право и политика. 2014. № 7. С. 960-984.

The article concerns the issues of evolution of conflict of laws regulation in the international private law of Russia. The author reveals definition, structure and types of conflict of laws norms, pointing out that the definition of conflict of laws is a very important category of international private law in general. Historically, the international private law was based upon the conflict of laws norms, and from the standpoint of legal techniques these are the most complicated norms in the international private law. The totality of these norms applicable for the regulation of private law relations forms conflict of laws law. The conflict of laws norms in the international private laws are the norms of special category, reference norms having 2 specific features. Firstly, the conflict of laws norms do not directly regulate rights and obligations of the subjects of legal relations, they just include the principle based upon which one may choose the applicable law. Secondly, the effect of legal regulation with the use of conflict of laws norms is achieved in combination with the material legal norms, to which they are referring. The author provide detailed classification of types of formulae for attachment of bilateral conflict of laws rules. In the article with the assistance of comparative and formal legal methods of research the author provides detailed analysis of conflict of laws norms in the Russian legislation, as represented by the Civil Code, Family Code and Maritime Trade Code of the Russian Federation. In addition to the norms of national Russian legislation the author provides conflict of laws norms in the international treaties, them being sources of international private law. The analysis of contents of conflict of laws norms in the Russian legislation allowed the author to state that the modern conflict of laws regulation in Russia takes place in accordance with the tendencies of development of the international private law, which may be seen through the prism of the international dimension. The main attachment formulae as applied in the international treaties and regional supranational acts are reflected in the international private law of Russia. The example of this statement may be found in abolishment of the unilateral conflict of laws norms on obligatory written form of an international economic contract, while one of the parties is a Russian legal entity. However, according to the principle of favor negotii, the cumulative conflict of laws norm is introduced, and according to this norm conformity with the law of the state, where the deal was concluded is sufficient for recognizing its legal validity.