Menu English Ukrainian russian Home

Free technical library for hobbyists and professionals Free technical library


Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Foreign economic activity. The importance of private international law in regulating foreign economic activity (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

Comments on the article Comments on the article

Table of contents (expand)

62. The value of international private law in the regulation of foreign economic activity

Of great importance in the regulation of foreign economic activity are the norms of international private law.

International private law (further - MCHP):

▪ regulates private law relations (civil law relations) arising in international life;

▪ has its own subject and method of regulation;

▪ is a branch of private law, a branch of domestic law;

▪ closely related to civil law;

▪ is closely related to international law, but is not part of it.

The subjects of relations in private international law are individuals and legal entities. The state and international organizations can participate in international non-powerful (private) relations by acquiring property, allocating borrowed funds, etc.

The specificity of these relations is the presence of a "foreign element". There are three groups of social relations, which are characterized by the presence of such an element:

▪ social relations, the subject of which is a party that is foreign or international in nature (a citizen of a foreign state, a foreign or international organization, or a foreign state);

▪ social relations, the participants of which belong to one state, but the object in connection with which the corresponding relations arise is located abroad, on the territory of a foreign state;

▪ social relations, the emergence, change or termination of which are related to a legal fact taking place abroad.

Thus, the norms of private international law govern civil, family and labor relations with a foreign or international element.

The scope of PIL includes issues of civil legal capacity and legal capacity of foreign individuals and legal entities, the state; his immunity; relations under foreign trade agreements; the rights of authors to works published abroad; labor and social status of persons who are in the territory of a foreign state

Participants in such relations can be both citizens and legal entities.

The PIL system consists of the General and Special parts.

The general part covers issues that are of methodological importance for PIL as a whole, namely: the concept, system and content of this branch of law, its sources, methods of regulation, etc.

The special part covers the right of ownership, the law of obligations, obligations from offenses, copyright, patent, family, inheritance law, labor relations, international civil procedure.

The methods of legal regulation of international private relations are indirect, referential (conflict) and direct (unified, harmonizing) ways of influencing international private relations.

The conflict rule, indicating the competent legal order, as if refers to the definition of the rights and obligations of the participants in the relationship to the law of a particular state. A conflict rule can refer to both domestic and foreign law. Therefore, the conflict method of regulation is not direct, but indirect: regulation, in fact, is carried out by the substantive rules of private law of the state that is chosen through the conflict rule. When applying this method of regulation, a set of norms is created - conflict of laws and substantive law, regulating international non-power relations.

The direct method of legal regulation makes it possible to remove the problem of collision of the norms of private law of different states. This is achieved through the creation of unified (uniform) substantive and procedural norms of various branches of private law. Such norms are directly applied to relations with a foreign element, bypassing the conflict stage - the stage of choice of law.

Author: Bobkova O.V.

<< Back: General rules for the movement of goods of individuals through customs

>> Forward: Sources of law in the field of foreign economic activity

We recommend interesting articles Section Lecture notes, cheat sheets:

Crisis management. Lecture notes

Family law. Crib

The economics of the firm. Lecture notes

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

Sensors to protect American football players 17.09.2013

After the American National Football League (NFL) paid $765 million last month to 4200 former players suffering from head injuries, current players will wear head impact monitoring stickers developed by X2Biosystems using sensors from STMicroelectronics. . The NFL has approved the use of the X2 ICE system in all games and practices for all 32 teams this season.

X2 ICE collects an athlete's collision history and pre-season performance data on neuro-cognitive, balance and coordination functions, which are then used as a basis for comparison following a suspected injury incident.

The sensors, called xPatch, are smaller than a 25-cent coin and use ST's MEMS motion sensors, an STM32L microcontroller, a SPIRIT1 low-power radio transmitter, a miniature power supply, and a battery charging circuit.

Physicians working in sports, the military and industrial safety believe that more attention to bruising can help prevent serious brain damage that can cause dementia and depression later in life. The brain is able to restore itself after most concussions, if this condition was recognized in time and appropriate measures were taken.

"The xPatch wouldn't be possible without ST's cutting-edge technology. The xPatch integrates all the essential features for head impact monitoring, analysis and wireless communication," said Christoph Mack, CEO of X2 Biosystems. "Because the device is so small and light, it can be inconspicuously fixed behind the player's ear - athletes forget about it after a few minutes.

Recordings surfaced last year of New Orleans Saints assistant coach Greg Williams instructing players to deliberately injure opposing players before a game with the San Francisco 49ers. Saints players who "hit the head" and eliminate opponents from the game were rewarded with cash bonuses. Williams gave instructions on aggravating previous injuries to 49ers players, including a player who already had concussions. The scandal was called "Bountygate". Williams, along with head coach Sean Payton and others, were suspended.

Traumatic brain injuries are not limited to soccer players. The World Health Organization predicts that by 2020 traumatic brain injury will become the third leading cause of death and disability in the world for all age groups.

Other interesting news:

▪ Complete human genome presented

▪ Robot with hair brush

▪ Sand based anti-counterfeiting system

▪ Samsung ISOCELL GN2 image sensor

▪ Artificial muscle made of crystalline plastic

News feed of science and technology, new electronics

 

Interesting materials of the Free Technical Library:

▪ section of the site Assembling the Rubik's Cube. Article selection

▪ article Cadres decide everything. Popular expression

▪ article Who opposed the Russian troops led by Dmitry Donskoy in the Battle of Kulikovo? Detailed answer

▪ article Maintenance personnel of timber-rafting vessels. Standard instruction on labor protection

▪ article Curved dipole. Encyclopedia of radio electronics and electrical engineering

▪ article Turkmen proverbs and sayings. Large selection

Leave your comment on this article:

Name:


Email (optional):


A comment:





All languages ​​of this page

Home page | Library | Articles | Website map | Site Reviews

www.diagram.com.ua

www.diagram.com.ua
2000-2024