Features Of The Subject Composition As A Criterion For The Systematization Of Treaties In The International Private Law
DOI:
https://doi.org/10.36097/rsan.v5i20.507Keywords:
civil law, treaty, system of treaties, system-forming features, subjects of law, foreign elementAbstract
This article is an attempt to study the system-forming criteria of civil law treaties complicated by a foreign element.
The common goal of establishing the treaties within the agreed system is the creation of a structure, the logical harmonization of agreements, schemes and a mechanism for the regulation of economically important relations of a transboundary nature. A competent system approach predetermines the primary achievement of the law-making goal - the organization of effective impact of modern legislation on the emerging legal relationships. It is the criterion of such systematization, correctly chosen and used, is the guarantee of the formation of an effective legal canvas.
It is concluded that the foreign element does not affect the substance of the transactions under consideration. However, a special status of the parties to the agreements causes the emergence of specific features of their legal regulation that allow using the subject composition of treaty relations of an international nature as a system-forming criterion of great importance, including from the point of view of law enforcement practice. Further doctrinal and practical study of such features is seen as important and theoretically interestingDownloads
References
Blotsky V.N. The System of Corporate Treaties as a Relationship Regulation between the Parties / V.N. Blotsky // Theory and Practice of Social Development. – 2014. – No. 2. – P 439 - 441.
Burcu Yüksel. The Relevance of the Rome I Regulation to International Commercial Arbitration in the European Union // Journal of Private International Law Vol. 7, Iss. 1, 2011. Pp. 149 - 178.
Francisco J Garcimartin Alferez. The Rome I Regulation: Exceptions to the Rule on Consumer Contracts and Financial Instruments // Journal of Private International Law Vol. 5 , Iss. 1, 2009. Pp. 85 – 103.
Ershov O.G. In Sarch for the Criterion of the Formation of a System of Civil Law Treaties / O.G. Ershov // Scientific Bulletin of the Omsk Academy of the Ministry of Internal Affairs of Russia. – 2015. – No. 1 (56). – P. 40 – 52.
Hartley, Trevor C. Choice of law regarding the voluntary assignment of contractual obligations under the Rome I regulation // International and Comparative Law Quarterly, 2011, Vol. 60(1). pp. 29-56.
Kirillovych A.A. Protection of Consumer Rights: Issues of Legal Regulation. М.: Delovoy Dvor, 2012. 304 p.
María Mercedes Albornoz & Nuria González Martín. Towards the uniform application of party autonomy for choice of law in international commercial contracts // Journal of Private International Law Vol. 12 , Iss. 3, 2016. Pp. 437 – 465.
Romanets Yu.V. The System of Treaties in the Civil Law of Russia: Monograph / Yu.V. Romanets. – 2nd Edition, Edited and Amended. – М., Norma, Infra-М., 2013. – P. 144.
Regulation No. 593/2008 of the European Parliament and the Council of the European Union "On the Law Subject to Application to the Treaty Obligations ("Rome I")". URL: http://eur-lex.europa.eu/
Zheng Sophia Tang. Private International Law in Consumer Contracts: A European Perspective // Journal of Private International Law Vol. 6 , Iss. 1, 2010. P. 225.
Zheng Sophia Tang. Consumer Collective Redress in European Private International Law // Journal of Private International Law Vol. 7 , Iss. 1, 2011. Pp. 101 - 147.
