SOME ASPECTS OF COMPARATIVE LAW RESEARCH IN PRIVATE INTERNATIONAL LAW

Author(s): Cherniadeva N.A.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2022-3-38-42

Release: 2022-3 (34)

Pages: 38-42

Keywords: private international law, comparative law, comparative legal method, unification, Vienna Convention 1980, UNCITRAL, INCOTERMS

Annotation: The article is devoted to the study of the connection between two legal sciences: comparative law and private international law. The author shows the systemic interaction of both sciences. Their intersection is observed: in the general history at the initial stage of their forming and development; in the use of the comparative legal method as one of the central methodological tools for adapting the norms of international law to regulate civil law relations with the participation of a foreign element; in the active role of the norms of international public law on the issues of civil law cooperation of states in the process of unification of the norms of PIL; in the case of litigation of a dispute involving a foreign element and the court resorts to the comparative legal method as a tool that allows correctly identifying the applicable elements of foreign law. On the other hand, PIL creates ample opportunities for comparative legal analysis, supplying researchers with "primary material" of real life situations from various legal systems.

Bibliography: Cherniadeva N.A. SOME ASPECTS OF COMPARATIVE LAW RESEARCH IN PRIVATE INTERNATIONAL LAW // Journal of Legal Sciences. – 2022. – № 3 (34). – С. 38-42. doi: 10.21777/2587-9472-2022-3-38-42