Американские доктрины коллизионного права в кодификациях международного частного права Квебека и Луизианы
The study dwells on the problem of interaction between North American legal doctrine and codifications of private international law in the state of Louisiana and the Province of Quebec. Covering both classical and modern USA schools of thought in the area of conflict of laws, the article also includes a comparative analysis of Book IV (Conflict of Laws) of Louisiana Civil Code and Book X (On private international law) of Quebec Civil Code respectfully. On comparing these acts, the authors dwell on a thesis that, in spite of the obvious similarities between respectful legal systems, one cannot state undoubtedly that American doctrine of private international law has been recepted by abovementioned codifications in equal measure. Therefore, despite all the similarities, the doctrinal traditions on which they are respectfully based are actually different.
The application of «protective reservations» is a fundamental principle of modern codifications of the private international law. The post-graduate student of the Private International Law Department, Faculty of Laws, National Research University «The Higher School of Economics», the advocate E.A. Kruty (e-mail: firstname.lastname@example.org) minutely analyses provisions about the reservation about the public policy and mandatory rules which are included in the international acts and ten national codifications of XXI centuries (Azerbaijan, Lithuania, Estonia, Mongolia, Russia, Belgium, Bulgaria, Ukraine, Macedonia, Turkey). Despite the apparent prevalence of the negative construction of the reservation about the public policy the lawmaker prefers in some situations its positive variant. An appeal to codifications allows to identify the certain conditions on which protective reservations take effect. Their most detailed description is contained in the Belgian and Bulgarian codes. Not less interesting is a regulation of the legal consequences coming as a result of application of these legal institutions for private legal relations with a foreign element including in the international civil procedure.
The article considers the issues of creation and historical development of conflict-law method as applied to regulation of contractual obligations. The author’s attention is concentrated on delimitation of two systems of determination of applicable law — unilateral or bilateral. At that the author makes analysis of the viewpoints of Russian and foreign scientists with regard to this question and concludes on unconditional recognition of the fact that both unilateral and bilateral conflict norms have regulative function.
This paper outlines peculiarities of the use of organicistic allegories by representatives of the German historical school of law — F.K. Savigny and G.F. Puchta. On the wide range of texts on the philosophy of history and the history of law written by contemporaries (Fichte, Hegel) and precursors (Herder, Vico) it is shown how the comparison between history with human life can perform different functions depending on the methodological presumptions of the authors.
The Guide has been written for everyone working or training to work in the legal profession. It provides basic knowledge of legal words and terms. The various exercises throughout the Guide focus on the key legal vocabulary that must be known by law learners.
The present article examines the main peculiarities of modern development of the sources of Private International Law, including domestic legislation, international treaties, international customs, case law, legal acts of international organizations and lex mercatoria. The author proved that at present the main trend of the development of domestic legislation as a source of PIL consists of its intensive and extensive codification. Another trend of the development of PIL sources undermines the enlargement of instruments of non-state regulation of private international relations, namely, lex mercatoria as an example of soft law. As far as the development of PIL sources in the European Union is concerned, two trends may be observed simultaneously: firstly, formation of European conflict law and European Civil Procedure by instruments not only having legal force but also having direct application on the territory of the EU Member States (regulations); secondly, formation of the unified material rules regulating private relations amongst different subjects on the territory of the EU, which are contained either in regulations, or in non-binding documents.
This article is devoted to the Digest of the Laws of the Russian Empire – an embodiment of the operative legal system in late imperial Russia. Even though the Digest contained the law in force, and thus should be studied as a crucial source on Russian (legal) history, its meaning has been often overlooked. The reason for that is a remarkable difference between the original texts of laws adopted by the legislator, and their published form in the Digest. This difference came from the necessary editing procedures when every new piece of legislation was included in the existing system of the Digest. This strange feature of legal procedure when two different versions of a particular law – the original one and the one codified in the Digest – both remained in force should be considered as a part of official autocratic legality in late imperial Russia. Even though it may seem inefficient and irrational, the practice of obligatory codification of laws in the Digest existed for a rather long time – from 1835 until 1917. My research aims to find possible explanations for the Digest’s prolonged existence in the context of political and legal culture of late imperial Russia. What did Russian ‘official legality’ actually mean on the levels of theory and action?
In the collection of issues there are published the works of the participants of the III International scientific-practical conference "Systematization of legislation: theoretical development" (Kazan, October 23, 2015) on topical issues of legal science and practice.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/