The notion of "private" in private international law
Автор: Kuznetsov M.N.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Международное право
Статья в выпуске: 2 (24), 2014 года.
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Introduction: the article examines the origin of the term "private" is right and his is in the title of a course on international private law". Methods: a methodological basis of this study is a set of methods of scientific knowledge, among which the leading ranks of the dialectical method. Used in the article General scientific (dialectics, analysis and synthesis, abstraction and specification) and private-scientific methods of research (formal and legal comparative legal, technical and legal). In the course of scientific research special attention was paid to comparative, system research methods and techniques of legal, public, economic modeling. Results: the author of the article notes that in legal science in General there is a lack of understanding inherent law of the unity of its objectives, purpose and function in the regulation of social relations and the development of society as a whole. The origins of disconnection and separation is seen in the original erroneous dismemberment law on public and private. The article notes that in fact the division of the right to "public" and "private" is not always been inherent in it and not everywhere is currently. In countries of the Anglo-American legal tradition, it was not before, not now. It is not in Muslim countries and in some other, for example, in countries with a common-law legal system. According to the author, mistakenly assumed that the division between private and public law dates back to Roman law: recent studies show that this has happened a few centuries after the collapse of the Western Roman Empire. The analysis of the combination of private and public convinces us that Roman private law was United, not divided into two parts, did not contain dualism, which has shaped in continental Europe much later. Conclusions: the author comes to the conclusion that if the term "international" means the spatial characteristics of the studied legal phenomenon, the term "private" (a synonym: "civil") at us and abroad in private international law means the socio-economic characteristics of this phenomenon, i.e. the qualities that distinguish it from other social phenomena of life. International private law" (a synonym: "civil law") - this means, not criminal, not administrative, non - public law relationship.
Private law, public law, private international law
Короткий адрес: https://sciup.org/147202406
IDR: 147202406