CONFLICT OF LAWS
- a set of norms that allow us to determine the right of which state regulates the attitude that contains the foreign element. The composition of KP includes:
1) conflict norms that:
A) contain rules for the choice of law or indicate the right of which state should be applied for the settlement of a specific relationship with a foreign element;
B) consist of two elements:
- the volume indicating the relations of a civil-law nature, to which this norm is applied;
- binding - grounds, attributes, criteria for determining the applicable law.
2) additional legal requirements:
A) Interpretation - the qualification of legal concepts of conflict of laws, suggesting an explanation of the content of the conflict rule by referring to all of its elements and to the legal concept that form its
Main structures;
B) return sending - includes the return sending and sending to the law of a third country, which are one of the complex phenomena in private international law;
C) reciprocity is one of the principles of international cooperation, which, on the basis of equality and mutual benefit, secures the rights, interests of states, their citizens and organizations;
D) the establishment of the content of the foreign law - mandatory norms, which are the mechanisms that determine the limits and conditions for the application of conflict rules, acting in different ways and in different directions;
E) public order - a reservation on a public procedure whose purpose is to limit the conflict of laws rule, excluding the application of a foreign law incompatible with the public order of the country of the court.
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