Foreign law in higher courts practice. The key characteristics of Georgian private international law
This paper aims to investigate the application of foreign law in higher courts practice. The process of determining a foreign law raises practical difficulties, as a judge must apply not just foreign law acts, but also the case law and interpretation with which it is applied in another State. In...
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| Format: | Article |
| Language: | English |
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Bucharest University of Economic Studies
2021-10-01
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| Series: | Juridical Tribune |
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| Online Access: | http://tribunajuridica.eu/arhiva/An11vs/8.%20Tamar%20Mskhvilidze.pdf |
| _version_ | 1797218957561692160 |
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| author | Tamar Mskhvilidze |
| author_facet | Tamar Mskhvilidze |
| author_sort | Tamar Mskhvilidze |
| collection | DOAJ |
| description | This paper aims to investigate the application of foreign law in higher courts
practice. The process of determining a foreign law raises practical difficulties, as a judge
must apply not just foreign law acts, but also the case law and interpretation with which it is
applied in another State. In private international law process the effectiveness of the
application of foreign law depends on how correctly and delicately can the higher courts
review decisions made by the first instances. In some countries, higher courts have the power
to control the correct application or non-application of foreign law by judges, but in some
cases, such courts lack this ability. In spite of the development of comparative jurisprudence
and modern information technologies, none of the countries’ judge can have a claim on exact
knowing of relevant standards of the law of foreign countries. Consequently, the danger of
making a mistake is more greater when it comes to interpreting and applying foreign law.
Thus, it cannot be expected that the higher court should be able to review interpretation of foreign law acts applied by the lower courts and to provide that this interpretation is relevant to that which the practice of the foreign country would adopt on the same question. There is an opinion that the higher courtsshould refrain from control the wrong application of foreign law in order to guard their own authority, as there is a high risk of misinterpretation of a foreign rule. The different aspects of this problem will be examined in this article. |
| first_indexed | 2024-04-24T12:26:00Z |
| format | Article |
| id | doaj.art-1d9238b896644479b83e34a0f667f061 |
| institution | Directory Open Access Journal |
| issn | 2247-7195 2248-0382 |
| language | English |
| last_indexed | 2024-04-24T12:26:00Z |
| publishDate | 2021-10-01 |
| publisher | Bucharest University of Economic Studies |
| record_format | Article |
| series | Juridical Tribune |
| spelling | doaj.art-1d9238b896644479b83e34a0f667f0612024-04-08T07:43:04ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822021-10-0111Special395406Foreign law in higher courts practice. The key characteristics of Georgian private international lawTamar Mskhvilidze 0Scientific Research Institute of Law of European University, Tbilisi; PhD. Student at East European University, Republic of GeorgiaThis paper aims to investigate the application of foreign law in higher courts practice. The process of determining a foreign law raises practical difficulties, as a judge must apply not just foreign law acts, but also the case law and interpretation with which it is applied in another State. In private international law process the effectiveness of the application of foreign law depends on how correctly and delicately can the higher courts review decisions made by the first instances. In some countries, higher courts have the power to control the correct application or non-application of foreign law by judges, but in some cases, such courts lack this ability. In spite of the development of comparative jurisprudence and modern information technologies, none of the countries’ judge can have a claim on exact knowing of relevant standards of the law of foreign countries. Consequently, the danger of making a mistake is more greater when it comes to interpreting and applying foreign law. Thus, it cannot be expected that the higher court should be able to review interpretation of foreign law acts applied by the lower courts and to provide that this interpretation is relevant to that which the practice of the foreign country would adopt on the same question. There is an opinion that the higher courtsshould refrain from control the wrong application of foreign law in order to guard their own authority, as there is a high risk of misinterpretation of a foreign rule. The different aspects of this problem will be examined in this article.http://tribunajuridica.eu/arhiva/An11vs/8.%20Tamar%20Mskhvilidze.pdfprivate international law rulestreatment of foreign lawforeign substantive lawinterpretationmisinterpretationhigher courtslower courtsrevisioncassation |
| spellingShingle | Tamar Mskhvilidze Foreign law in higher courts practice. The key characteristics of Georgian private international law Juridical Tribune private international law rules treatment of foreign law foreign substantive law interpretation misinterpretation higher courts lower courts revision cassation |
| title | Foreign law in higher courts practice. The key characteristics of Georgian private international law |
| title_full | Foreign law in higher courts practice. The key characteristics of Georgian private international law |
| title_fullStr | Foreign law in higher courts practice. The key characteristics of Georgian private international law |
| title_full_unstemmed | Foreign law in higher courts practice. The key characteristics of Georgian private international law |
| title_short | Foreign law in higher courts practice. The key characteristics of Georgian private international law |
| title_sort | foreign law in higher courts practice the key characteristics of georgian private international law |
| topic | private international law rules treatment of foreign law foreign substantive law interpretation misinterpretation higher courts lower courts revision cassation |
| url | http://tribunajuridica.eu/arhiva/An11vs/8.%20Tamar%20Mskhvilidze.pdf |
| work_keys_str_mv | AT tamarmskhvilidze foreignlawinhighercourtspracticethekeycharacteristicsofgeorgianprivateinternationallaw |