Preliminary (Collateral) Question in the International Private Law: Concept and Legal Nature
One of the most difficult problems of application of conflict-of-laws rules in the international private law is the problem of statement and permission of a preliminary (collateral) question. This results from the fact that in the scientific doctrine there was no uniform understanding of the legal n...
| Main Author: | |
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| Format: | Article |
| Language: | Russian |
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Alexander Galushkin Publishing House
2016-03-01
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| Series: | Èkonomika, Pedagogika i Pravo |
| Subjects: | |
| Online Access: | http://ecoedulaw.ru/en/2016/1/2 |
| _version_ | 1818749861317574656 |
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| author | Victoria A. Kosovskaya |
| author_facet | Victoria A. Kosovskaya |
| author_sort | Victoria A. Kosovskaya |
| collection | DOAJ |
| description | One of the most difficult problems of application of conflict-of-laws rules in the international private law is the problem of statement and permission of a preliminary (collateral) question. This results from the fact that in the scientific doctrine there was no uniform understanding of the legal nature and ways of permission of a preliminary question, and lack of his fixing at the legislative level. In article the concept of a preliminary (collateral) question as legal treatment of the actual circumstances accompanying consideration of the main legal relationship reveals and also examples of those actions which need to be executed before definition of applicable law to the main legal relationship or in the course of its application are given. Permission of a preliminary question is necessary for the correct and complete idea of all actual facts of the case arising by consideration of the civil dispute complicated by a foreign element. The author reveals possible solutions of various options of a preliminary (collateral) question, in particular, by means of use of the right of the country of court (lex fori), the right of the country with which legal relationship in general (lex causae), and also the legal procedure of the national right is connected. |
| first_indexed | 2024-12-18T04:10:30Z |
| format | Article |
| id | doaj.art-3ebdafaac578490e88606a03cdb0bf46 |
| institution | Directory Open Access Journal |
| issn | 2414-3731 |
| language | Russian |
| last_indexed | 2024-12-18T04:10:30Z |
| publishDate | 2016-03-01 |
| publisher | Alexander Galushkin Publishing House |
| record_format | Article |
| series | Èkonomika, Pedagogika i Pravo |
| spelling | doaj.art-3ebdafaac578490e88606a03cdb0bf462022-12-21T21:21:28ZrusAlexander Galushkin Publishing HouseÈkonomika, Pedagogika i Pravo2414-37312016-03-010122Preliminary (Collateral) Question in the International Private Law: Concept and Legal Nature Victoria A. Kosovskaya0Herzen State Pedagogical University of RussiaOne of the most difficult problems of application of conflict-of-laws rules in the international private law is the problem of statement and permission of a preliminary (collateral) question. This results from the fact that in the scientific doctrine there was no uniform understanding of the legal nature and ways of permission of a preliminary question, and lack of his fixing at the legislative level. In article the concept of a preliminary (collateral) question as legal treatment of the actual circumstances accompanying consideration of the main legal relationship reveals and also examples of those actions which need to be executed before definition of applicable law to the main legal relationship or in the course of its application are given. Permission of a preliminary question is necessary for the correct and complete idea of all actual facts of the case arising by consideration of the civil dispute complicated by a foreign element. The author reveals possible solutions of various options of a preliminary (collateral) question, in particular, by means of use of the right of the country of court (lex fori), the right of the country with which legal relationship in general (lex causae), and also the legal procedure of the national right is connected.http://ecoedulaw.ru/en/2016/1/2preliminary (collateral) questioninternational private lawprivate-law relations with a foreign elementconflict-of-laws rulesqualification of legal conceptsways of permissionlex forilex causaeIPL |
| spellingShingle | Victoria A. Kosovskaya Preliminary (Collateral) Question in the International Private Law: Concept and Legal Nature Èkonomika, Pedagogika i Pravo preliminary (collateral) question international private law private-law relations with a foreign element conflict-of-laws rules qualification of legal concepts ways of permission lex fori lex causae IPL |
| title | Preliminary (Collateral) Question in the International Private Law: Concept and Legal Nature |
| title_full | Preliminary (Collateral) Question in the International Private Law: Concept and Legal Nature |
| title_fullStr | Preliminary (Collateral) Question in the International Private Law: Concept and Legal Nature |
| title_full_unstemmed | Preliminary (Collateral) Question in the International Private Law: Concept and Legal Nature |
| title_short | Preliminary (Collateral) Question in the International Private Law: Concept and Legal Nature |
| title_sort | preliminary collateral question in the international private law concept and legal nature |
| topic | preliminary (collateral) question international private law private-law relations with a foreign element conflict-of-laws rules qualification of legal concepts ways of permission lex fori lex causae IPL |
| url | http://ecoedulaw.ru/en/2016/1/2 |
| work_keys_str_mv | AT victoriaakosovskaya preliminarycollateralquestionintheinternationalprivatelawconceptandlegalnature |