Inshakova A.O., Tymchuk Yu.A. The Issues of Law Applicable in the Field of Delictual Cross-Border Relations
- Agnessa O. Inshakova
- Doctor of Juridical Sciences, Professor, Head of Department of Civil and International Private Law
- Volgograd State University, Base Department of the Southern Scientific Center of the Russian Academy of Sciences
- Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. .
Yuliya A. Tymchuk, Master Student, Department of Civil and International Private Law- Volgograd State University, Base Department of the Southern Scientific Center of the Russian Academy of Sciences
- Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it.
- Introduction. The article reveals the objective factors of the development of temporal reality, influencing the emergence of various relationships with non-contractual legal nature, the so-called quasi contractual and delictual relations, as well as determines the relevance of research and development in the relevant field of legal regulation relating to private international law.
Purpose. We study the range of possible conflicts of law issues under moves to collision of tort regulation of relations in various foreign governmental legislations, including European law. We also carry out the analysis of the common classical collisional bindings in the area of tort liabilities. It is noted that the current approach lies in the gradual abandonment of territorial binding to any specific element of the relationship. The authors say about the validity of the rapid development of flexible legal regulation of relations arising out of foreign element, associating this trend with the development of the principle of flexibility as fundamental principles and modern trends of development of modern private international law.
The authors examine the background and novellas by the national legislator of the reform of section VI of part three of the civil code.
A brief legal description of the updated provisions of the civil code of the Russian Federation is dedicated to the applicable law in the field of tort obligation.
We commented the possibility of concluding agreements on the law of the subject applications provided by law to the parties. The conclusion about compliance of this rule to the development of the principle of auto-nomia the will of the parties in international private law and foreign legislatortion approaches.
Conclusion. We identified and commented on the advantages and disadvantages of new collision norms in the updated Civil Code , previously unknown to national law, and examined judicial practice of their application. The general conclusion is represented by assessing the modern legal approaches to the applicable law in the field of tort obligations, complicated by a foreign element, which allowed to identify and to list a number of trends in the development of their conflict-of-laws regulation.
Key words: non-contractual obligations, the obligation of the injury, the obligation owing to unjust enrichment, the obligation due to unfair competition, conflict management, connecting factors, the conflict of laws principles, the principle of flexible conflict management, you-Bor applicable law.
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