THE CONCEPT OF RELEVANT CONDITIONS IN THE MECHANISM OF FUNCTION OF THE PRINCIPLES OF THE CLOSEST CONNECTION
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Abstract
At the present stage of the development of international private law, the intensity of world economic turnover requires a deliberate approach to law enforcement, each legal dispute requires an individual analytical approach from the law enforcer, moving away from the concept of averaged collision dogma has led science and practice to understanding new methodological approaches to finding the relevant, most close legal solution with the actual composition of the relationship. In this paper, on the basis of general scientific methods, as well as using methods of legal modeling, the author tried to substantiate the concept of applying the criterion of the closest connection in legal systems, using the necessary condition of public imperatives that fill the legislative body of Romance jurisdiction. When following the concept of relevance, the criterion of the closest connection can fully realize its potential as a basic principle of private international law. It has been established that there is a conceptual similarity in the impossibility of overcoming the imperative requirements of legislation in the studied legal systems. The author suggested that the legal system as a unit of a normative array can compete by imperative prescriptions with another legal system when establishing the applicable law, the degree of competition shows relevance, being an epistemological unit. The presence of the relevance property in the clause on public order is indicated.
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References
Shulakov A.A. (2018). Sovremennye podkhody k raskrytiiu soderzhaniia printsipa naibolee tesnoi sviazi v mezhdunarodnom chastnom prave. [Modern approaches to the disclosure of the principle of the closest connection in private international law]. LEX RUSSICA. (1), 103–112. (In Russ., abstr. in Engl.).
Adolphsen, Jens. (2015). Europäisches Zivilverfahrensrecht. Heidelberg [etc.]: Springer. (In Engl.).
Max Planck Institute for Comparative and International Private Law: Comments on the European Commission’s Proposal for a Regulation of the European Parliament and the Council on the Law Applicable to contractual obligations (Rome I) (2007). The Rabel Journal of Comparative and International Private Law. (2), 225–344. (In Engl.).
Kegel, G. (1964). The Crisis of Conflict of Laws. Collected Courses of the Hague Academy of International Law: Recueil des cours. (112), 188. (In Engl.).
Struycken, A.V.M. (2004). Coordination and cooperation in respectful disagreement: general course on private international law. Collected Courses of the Hague Academy of International Law: Recueil des cours.. (311), 231. (In Engl.).
Asoskov A.V. (2017). Osnovy kollizionnogo prava. Мoscow; Berlin. (In Russ.).