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Foreign economic activity. Substantive and conflict of laws rules (the most important)

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64. Substantive law and conflict of law rules

The rules of international private law are divided into:

▪ reference (conflict);

▪ direct action norms.

The rules of direct action are divided into:

▪ substantive and legal;

▪ procedural and legal.

Substantive law - norms that directly and directly regulate the behavior of PIL subjects, determining the content of their rights and obligations. Substantive legal norms are contained in international agreements, as well as in domestic legislation specifically designed to regulate relations with a foreign element. These standards include:

▪ regulating foreign economic activity;

▪ determining the legal status of various companies with foreign investments established on the territory of Russia;

▪ relating to the investment regime. Investment activities on the territory of the Russian Federation;

▪ determining the status of citizens in Russia abroad;

▪ defining the rights and obligations of foreign citizens and organizations in the field of civil, family and labor law.

The above norms contain a direct prescription that directly determines the rights and obligations of participants in legal relations with a foreign or international element.

Conflict rules - norms indicating the law of which state is to be applied to these relations.

A conflict rule consists of a volume and a binding. The volume indicates the type of private legal relationship with a foreign element, and the binding indicates the law (legal system) that is to be applied to this type of relationship. There are several types of bindings known to private international law:

1. personal law - binding used to establish the status of the parties to a private legal relationship:

▪ law of citizenship - the law of the state of which the participant in the private law relationship is a citizen is applied;

▪ law of residence - the law of the state in whose territory the participant in the private law relationship resides is applied.

2. Personal law for a legal entity or Law of nationality - indicates the belonging of a legal entity to the legal system of a certain state and, accordingly, its state affiliation. The nationality of a legal entity is determined by the attachment rules;

▪ according to the law of the location of the administrative center (France, Germany);

▪ according to the law of the place where the main activity is carried out (in developing countries);

▪ according to the law of the place of establishment, registration of the charter (RF; USA).

3. The law of location - means the choice of law for real legal relations and involves the application of the law of the state in whose territory the thing is located.

4. The law chosen by the person who made the transaction - "autonomy of will" means the application of the law of that state, which will be chosen by the parties-participants of a private legal relationship.

5. Law of the place of the act - the law of the state in whose territory the private law act was committed is subject to application. Also stand out:

▪ The law of the place where the contract was made - the law of the state where the contract is concluded is applied;

▪ Law of the place of performance of the contract - the law of the state where the obligation arising from the contract is subject to execution is applied;

▪ Law of the place of marriage - the law of the state in whose territory the marriage was concluded shall apply;

▪ Law of place of injury - the law of the state on whose territory the harm was caused is applied;

7. Law of the place of work - the law of the country where the labor activity is carried out is applied;

8. flag law - means the law of the state whose flag the ship is flying;

9. court law - the law of the country where the dispute is being considered shall apply to the proceedings.

Author: Bobkova O.V.

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