Legal encyclopedia. Letter M

INTERNATIONAL PRIVATE LAW

A set of norms governing

Civil-law relations, i.e. Property and non-property relations, family-legal, labor and procedural relations, which have an international character.

The parties in these legal relations are foreign citizens, stateless persons, foreign legal entities, states. The object of such legal relations is a thing that is located abroad.

M.C.P. regulates the issues:

1) civil status of foreign individuals and legal entities, mixed companies;

2) property rights;

3) the obligation of law;

4) protection of copyright and inventor's rights;

5) conflicts in family and inheritance law;

6) civil procedure.

M. Ch. P. contains the norms:

1) expressly establishing rights and obligations;

2) norms indicating only that the right of which state should be applied to the given relation.

Most of the norms of the MP are collision ones, in connection with this, the CM is still called the conflict law. A number of the norms of the MP are derived from the general principles of international public law, the connection with which is manifested in the fact that the sources of the MP are of two kinds: part of the norms are contained in the internal laws of states, and some in international treaties and Certain international customs (conventions, treaties, customs, judicial precedents). Similarity is expressed in the presence of identical functions of an external, interstate factor. Norms M. Ch. P. should not conflict with the principles of public international law. Differences are manifested in the presence of private interest, as well as in the fact that the subjects of the MP are both states and legal entities and individuals.