Filipyev А. Application of foreign law for regulation of private legal relations: problems and prospects.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U001567

Applicant for

Specialization

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

06-04-2009

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The issues of foreign law application for the regulation of private legal relations with a foreign element are considered in the dissertation. The special attention in the research is given to the issues of theoretical basis of foreign law application, communication existing between possibility of foreign law application and principles of law, in particular rule of law and legality principles, and international recognition of the state. In addition, the issues of the interpretation off foreign norms contents are considered in the manuscript, as well as limitations set for the application of other states' legal norms. The issues of judicial character determination of foreign law ("law or fact?"), possible methods of judicial interpretation of foreign norms contents, participation in that process of both parties to a lawsuit, and also judicial consequences of misapplication of foreign legal norms or their non-application.

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