Kysil' V. Mechanisms of Conflict of Laws Regulation in Current Private International Law.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0501U000292

Applicant for

Specialization

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

20-09-2001

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The thesis performs a comprehensive and complex analysis of the development of means and principles of settling conflict of laws in private international law (PIL), both in the past and at present stage. The research is intended to summarization and theoretical substantiation of trends of formulating conflict of laws rules and the basic PIL institutions in legislative acts of about 30 states. The author analyses normative means of settling classical conflict of laws (between laws of different states) and specific conflict of laws (hierarchic, inter-temporal, inter-local and inter-personal). Attention is paid to the issues of optimum form of codification in PIL sphere. The research substantiates the conclusion of the leading role of national legislation in the process of settling the PIL issues, expedience of codifying PIL in the form of an autonomous complex act. The author provides suggestions regarding improvement of particular rules of Book VIII of the draft Civil Code of Ukraine, which is devoted t o private international law.

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