Личный закон юридических лиц в национальных кодификациях международного частного права
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.
Article offered to readers attention of the associate professor of the private international law department, the faculty of laws of State University - the Higher School of Economics (HSE), Ph.D. in Law I.V. Get`man-Pavlova (e-mail: email@example.com) and the post-graduate student of the same faculty E.A. Kruty (e-mail: firstname.lastname@example.org) is devoted to urgent problem of private international law (PIL). In 2000-2007 special autonomous legislative acts on private international law were adopted in seven foreign states (Azerbaijan, Estonia, Belgium, Bulgaria, Ukraine, Macedonia and Turkey). All of these laws represent an autonomous codification of private international law, namely, a special complex legal act that is devoted to the issues of determination of the law which is applicable to private legal relations and to the issues of the international civil procedure. Adoption of the given codifications confirms a persistent modern tendency of the development of PIL - consideration of PIL as a branch of law and a branch of legislation. A special attention has to be paid to the designated tendency in calling the legislative acts on PIL not laws but codes. Three of the seven codifications (Belgian, Bulgarian and Macedonian) are called codes. It allows ascertaining that the status of the legislation in the sphere of PIL raises. All investigated laws regulate a similar, practically identical circle of issues; there is a specific system of the generally accepted terminology everywhere. However, this diversity of national laws and orders remains, and all of these legal acts differ from each other, showing the peculiarities of national approaches.
Международное частное право, Международный гражданский процесс, кодификация, кодекс, Закон, коллизионные нормы, применимое право, компетентная юрисдикция, private international law (PIL), the international civil procedure, Codification, the code, the law, conflict rules, an applicable law, competent jurisdiction