Recodification and private international law: to the issue of principles

The European Union ◽

Legal Certainty ◽

Association Agreement ◽

Law System ◽

Clear Vision ◽

Nowadays the processes of democratization, liberalization, integration of Ukraine into European and world space take place. Theundisputed significance for these processes is the signing of the Association Agreement between Ukraine and the European Union. Thus, the rapprochement of Ukraine with the European community, which has taken place in recent years, affects the sphere of private law relations,which are complicated by a foreign element – the legal relations that make up the subject matter of international private law.Having analyzed current doctrine of international private law, the author can conclude that nowadays researchers are paying moreattention to a deep understanding and study of the general provisions of this branch of law rather than to analysis of individual sub-sectorsand institutes of private international law.Nowadays recodification of civil legislation is taking place in Ukraine. The main reason for the recodification of civil legislationis to increase legal certainty as a component of the rule of law. Legal certainty demonstrates an ability of legislation to satisfy the needsof the subjects of law in the respective benefits.At the same time some specific issues related to the recodification of civil legislation and its link with private international lawhave not been the subject to scientific research. In our opinion, these issues deserve special attention, as they make it possible to analyzenot only the current state of private international relations, but also to forecast the prospects and changes in the field of private international law. One aspect that is worth to be discussed is the consolidation of the private international law system of principles.The analysis of scientific points of private international law doctrine representatives gives grounds to conclude that there is currentlyno universal approach to understanding the system of principles of private international law. Neither private international lawlegislation, nor scientific approaches give clear vision of the system of principles of private international law.It is crucial to stress that recodification of civil legislation in Ukraine has its direct impact on private international law systemand its mechanism of legal regulations.

European integration processes аnd private international law: certain aspects

Law Review of Kyiv University of Law ◽

10.36695/2219-5521.3.2020.65 ◽

2020 ◽

pp. 357-361

Author(s):

Ernest Gramatskiy

Keyword(s):

European Union ◽

International Law ◽

European Integration ◽

National Court ◽

Legal Regulation ◽

The European Union ◽

International Treaties ◽

Association Agreement ◽

Certain aspects, the meaning and relationship between adaptation of the private legislation of Ukraine to the requirements of theEuropean Community and private international law are analyzed in the article. The above mentioned phenomena are explored in thelight of the active integration of Ukraine into European and world space, which at the same time explains the stage of fundamentalchanges in the national system of private law.Special attention is paid to the provisions of the Association Agreement between Ukraine and the European Union dated June 27,2014, which became the basis for deepening the processes of democratization and liberalization in all spheres of life, including thesphere of regulation of private law relations complicated by a foreign element – the legal relations that make up the subject matter ofinternational private law.The concept, features and legal aim of adaptation in law in the context of European integration changes were the subject todetailed analysis. Various approaches of scientists in terms of characterization of this concept are analyzed. It is indicated that the adaptationof the national legislation of Ukraine to the legislation of the European Union is a long and multi-stage process, the plan of whichis enshrined at the level of international treaties, including the Association Agreement between Ukraine and the European Union of June27, 2014. Particular attention is paid to the analysis of the provisions of the Association Agreement, which are directly devoted to internationalprivate law and legal relations which make up its subject matter.Special attention is paid to the issue of intellectual property law and its regulation under current legislation of Ukraine and AssociationAgreement between Ukraine and the European Union. Certain aspects referring trademark regulation are analyzed. Judicial practiceof the national court of Ukraine has been taken into account as well.It is crucial to stress that European integration processes have their direct impact on private international law system and its me -cha nism of legal regulation.

European integration processes аnd private international law: certain aspects

Law Review of Kyiv University of Law ◽

10.36695/2219-5521.3.2020.18 ◽

2020 ◽

pp. 357-361

Author(s):

Ernest Gramatskiy

Keyword(s):

European Union ◽

International Law ◽

European Integration ◽

National Court ◽

Legal Regulation ◽

The European Union ◽

International Treaties ◽

Association Agreement ◽

Regulatory activities of the European Union and other states in the international community: The tripartite relationship in the field of private international law

Glasnik Advokatske komore Vojvodine ◽

10.5937/gakv0404106k ◽

2004 ◽

Vol 76 (9) ◽

pp. 106-116

Author(s):

Tamas Korhecz

Keyword(s):

European Union ◽

International Law ◽

Case Law ◽

Private Law ◽

The European Union ◽

European Court ◽

Law Faculty ◽

International Private Law ◽

The subject of the study above, is the relation between the legislation, the normative system of the European Union and European and other states, with or without membership in European Union, especially in the field of international private law. The author, as visiting professor of International Private Law Faculty of law in Szeged, Hungary, with his short presentation of some legal institutes of international private law, comparing the legislation and the case law of the European Unions and European Court and international private law in general with signed and ratified Conventions, Agreements and Contracts of European and non European states, with and without membership in European Union, trying to make conclusions and to point out the problem of the hierarchy of this law in its application.

Private International Law and the African Economic Community: A Plea for Greater Attention

International and Comparative Law Quarterly ◽

10.1093/iclq/lei134 ◽

2006 ◽

Vol 55 (4) ◽

pp. 911-928 ◽

Cited By ~ 2

Author(s):

Richard Frimpong Oppong

Keyword(s):

European Union ◽

International Law ◽

Economic Integration ◽

The European Union ◽

Economic Community ◽

Cross Border ◽

The Subject ◽

National Boundaries ◽

Free Movement Of Persons

Private international law deals with problems that arise when transactions or claims involve a foreign element. Such problems are most frequent in a setting that allows for the growth of international relationships, be they commercial or personal. Economic integration provides such a setting and allows for the free movement of persons, goods, services and capital across national boundaries. The facilitation of factor mobility resulting from economic integration and the concomitant growth in international relationships results in problems which call for resolution using the tools of private international law. An economic community cannot function solely on the basis of economic rules; attention must also be paid to the rules for settling cross-border disputes. Consequently, considerable attention is given to the subject within the European Union (EU)1 and other economic communities.2

The Territorial Approach to the Content of the Closest Connection Principle

Vestnik Tomskogo gosudarstvennogo universiteta ◽

10.17223/15617793/464/28 ◽

2021 ◽

pp. 251-260

Author(s):

Tatiana V. Novikova ◽

Keyword(s):

International Law ◽

Russian Federation ◽

The European Union ◽

Law System ◽

The Supreme Court ◽

Independent States ◽

The Russian Federation ◽

Territorial Approach

The main aim of the research is to substantiate the predominant role of the territorial approach to the content of the closest connection principle. The research is conducted in three steps. Firstly, the title “territorial” (instead of “conflict of laws”) approach is defended. Secondly, the objective test of the closest and most real connection defined by the Bonython formula, which was elaborated in English case law, is analysed. Thirdly, the norms of the private international law of the Russian Federation, other states members of the Commonwealth of Independent States, and the European Union reflecting the closest connection principle are also analysed. As a result of the research, the following conclusions are formulated. Firstly, the closest connection principle is based on the territorial approach and absolutely cannot function without it. At the same time, material law factors (including weaker party protection, lex validatis, etc.) supplement the territorial approach being able to tip the scale in favour of one of the territorially connected legal orders. On this basis, the author proposes to consider the closest connection principle in narrow (territorial) and broad (territorial, supplemented by material law factors) senses instead of various approaches to its content. Secondly, the territorial approach to the content of the closest connection principle is based on search for contacts with a state (country), whereas the territorial approach enrichment with overriding material law factors, caused by the general trend of private international law materialization, is aimed at the analysis of one or another law’s preferences and consequently at the revelation of links with law (system of law). Nevertheless, the analysis of norms of private international law allows concluding that, when prescribing the closest connection principle, the legislator does not make a distinction between terms “country” and “law”, and therefore one should not overemphasise these terms in attempts to understand the content of the principle. Thirdly, modern private international law acknowledges the closest connection principle in broad sense as territorial localization supplemented by material law factors, which is indicated in particular by para. 6 of the Supreme Court of the Russian Federation Regulation “On the Application of Norms of Private International Law by the Courts of the Russian Federation”. What is specifically important, the necessity to add material law considerations and their legal weight should be evaluated by the court on the basis of analysing the substance of the existing legal relations between the parties as well as the aggregate of other circumstances of the case.

Universal, Regional, National – Ways of the Development of Private International Law in 21st Century ◽

Recent Developments in European Private International Law under Case Law of the Court of Justice

10.5817/cz.muni.p210-9497-2019-14 ◽

2019 ◽

pp. 315-335

Author(s):

Miroslav Slašťan

Keyword(s):

European Union ◽

International Law ◽

Case Law ◽

The European Union ◽

International Jurisdiction ◽

Court Of Justice ◽

Recent Developments ◽

Recognition And Enforcement ◽

Within the context of the subject of the Private International Law Section, the contribution identifies selected recent judgments of the Court of Justice of the European Union, which indicate further developments in this area of law. The contribution will focus on the provisions for determining international jurisdiction as well as the recognition and enforcement of foreign decisions.

FREE MOVEMENT OF PERSONS AND THE LEGAL SECURITY OF DOCUMENTS WITHIN THE EUROPEAN UNION

Revue Européenne du Droit Social ◽

10.53373/reds.2021.53.4.042 ◽

2021 ◽

Vol 53 (4) ◽

pp. 76-89

Author(s):

Mădălina Cocoșatu ◽

◽

Claudia Elena Marinică ◽

Keyword(s):

European Union ◽

International Law ◽

Comparative Method ◽

Free Movement ◽

The European Union ◽

Legal Certainty ◽

Cross Border ◽

Free Movement Of Persons ◽

The Impact

The increase of international and European Union migration has led to increasing attention to the impact of Member States' legislation on the recognition, legal certainty and standardization of procedures for the movement of official documents, as part of the free movement of persons within the European Union. This article responds to European Union's needs by examining the extent to which the various regulations, in particular regulations having direct and immediate application, being long and complex and comprehensively governing some cross-border procedures that underline the recognition of official documents within the European Union. It is a fact that the Union facilitates and accelerates the cross-border application of aspects of the free movement of persons in private international law, encourages the simplification of the requirements for the presentation of certain official documents in EU, while strengthening the security of Union citizens' identity cards and residence documents etc. By using the historical and comparative method, the conclusions drawn from this analysis refer to the need to apply these legislative rules established due to the necessity to ensure legal certainty and predictability at Union level, but also offering to European citizens an attractive option compared to the classic variants of international law, the latter providing at times a more convincing and comprehensive legal certainty.

FRAMEWORK FOCAL CONTACTS IN EUROPEAN PRIVATE INTERNATIONAL LAW AND EUROPEAN UNION PRIVATE INTERNATIONAL LAW

Journal Human Research in Rehabilitation ◽

10.21554/hrr.041609 ◽

2016 ◽

Vol 6 (1) ◽

pp. 57-63

Author(s):

Musić Nijaz ◽

Keyword(s):

European Union ◽

International Law ◽

European Countries ◽

Private Law ◽

The European Union ◽

Focal Contacts ◽

International Conventions

The paper describes the role and representation of framework focus contacts in private international law, and their function in collision regulation on determining the binding law in private law with an element of foreignness.The introduction provides a brief overview on the division of focus contacts and their representation in collision regulations in the contemporary private international law. It also lays out various solutions for the application of collision regulations in national legislations in certain European countries, such as: Austria, Germany, Switzerland, Poland, Italy, Macedonia, Slovenia, as well as the solutions offered by the European Union regulations and international conventions.