Dikovska I. Principles of legal regulation of international private contract obligations: theoretical and practical aspects

The thesis deals with the understanding and application of the principles of legal regulation of international private contract obligations in doctrine and practice. The general scientific approaches to understanding the category of "principle", the approaches to understanding the "principles of law" in the theory of law and private law have been analysed. The "principles of law" have been differentiated from "legal rules", "principles of legislation". The notion, the system and functions of the principles of legal regulation of international private contract obligations have been defined. The conceptual basis of unification and harmonization as principles of creation of rules, which regulate international private contract obligations were analysed. The stages of establishing and and development of the uniform legal rules in international private contractual obligations have been defined. A difference between unification, harmonization and codification have been made. The method of "creeping codification" has been described. The application of international treaties regulating international private contractual obligations has been characterized. The development of a unified legal regulation of contractual obligations in the EU has been analysed. The characteristics of lex mercatoria have been described.