Rudenko O. Unification of private international law in the European Union.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U001784

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

10-04-2007

Specialized Academic Board

Д. 26.001.10

Essay

It is determined that the unification in the EU on the basis of the criteria of division of law orders in the narrow sense is a supra-unification and in the technical sense - also an inter-unification. On the basis of the same criteria the unification of the international private law within the EU contains beside two previous types of unification also a trans-unification (unification in the broad sense) and an intra-unification (unification in the broadest sense) of the international private law. The definition of the modern tendency of the development of the international private law in the EU as a gradual transition from the internationalization to the Europeanization is given in the thesis. It is substantiated, that beginning from 2003 the reorientation (transition) from the unification of the material private law to the unification of collision law takes place in the EU. It is determined that the unification on the level of supra-law order supersedes the unification on the level of international law order and trans-unification becomes a basis, passing through inter-unification and supra-unification in the EU. A new original definition of the unification of the international private law in the EU as a key-notion of the thesis is offered by the author.

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