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Reference:
Rustamova, N.N.
New developments in the sphere of approaches towards
defining applicable law and formation of the conflict of
laws norms in the international private law.
// Law and Politics.
2013. № 1.
P. 92-96.
URL: https://en.nbpublish.com/library_read_article.php?id=51905
Rustamova, N.N. New developments in the sphere of approaches towards
defining applicable law and formation of the conflict of
laws norms in the international private law.
Abstract:
This article includes a brief review of one of the latest
developments in the sphere of formation of approaches to
the applicable law and to the formulation of the conflict of
law norms in the international private law, which becomes
more and more popular, which is viewing the efficiency of
the conflict of laws norms from the economic point of view.
At the same time none of the existing concepts for defining
applicable law uses economic efficiency of the conflict of
laws norm as a key principle for the approach towards the
applicable law. The article includes the system of principles
for establishing the applicable law, which is based
on the individual choices of participants of the relations in
the sphere of private law with a foreign element in order
to maximize their benefits as well as the global benefits. In
spite of the novel developments and ideas in the sphere of
approaches towards the applicable law, the author comes
to a conclusion that it will not be possible to leave the
classical approaches towards the applicable laws and
conflict of laws.
Keywords:
jurisprudence, international private law, approach, efficiency of conflict of laws norms, efficiency criterion, economic criterion, prosperity, conflict of laws norms, applicable law, establishing applicable law.
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References
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3. Horatia Muir Watt. Aspects é conomiques du droit international privé : (ré f lexions sur limpact de la globalisation é conomique sur les fondements des conflits de lois et de juridictions). In: Recueil des cours; vol. 307 (2005);
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