Ilovaisky I.B. On the Definition of “Foreign Element” in Private International Law and the Simplicity of Understanding the Law

DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.16

Igor B. Ilovaisky, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil and Private International 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. , https://orcid.org/0000-0002-4210-9413

Introduction: the domestic theory of state and law is based on the use of certain basic legal categories, which as a foundation connect all legal science and make it complete and logically linked. All the branches of domestic law are arranged in the same way, including private international law, and the fundamental definition here is the concept of “foreign element”. Despite the sufficient period of its existence and use, this category is a stable subject of scientific disputes, and in practice there are often ambiguous situations associated with its application. In this connection, the purpose of this paper is to study the prospects of normative improvement of the domestic norms of private international law in terms of the definition of foreign element. Methods: the research is based on the application of logical, dialectical techniques and methods of scientific knowledge, comparative law and legal-technical analysis of texts of the normative acts and materials of the law enforcement practice. As a result of the study the analysis of the evolution of the category “foreign element” in the domestic private international law, its relationship with the subject of this branch of law, the importance for the implementation of practical and teaching activities, as well as the critical views on this term in the Russian legal science. This approach, including the study of the domestic and foreign legislation became the basis for the conclusion that the Russian legislator is not accurate enough in determining the content of the concept of “foreign element”. The developments of legal science and positive foreign experience are poorly used in this area. Meanwhile, a more thoughtful approach in this area would contribute to the creation of unified legal concepts in the law of different states, and clear understanding of the language used in the law within the legal system of each state separately, and the exclusion of abuse from the law enforcement, and as a result, to greater investment attractiveness of the economy of this country.

Key words: private international law, international relations, foreign element, legal fact, object, legal relationship.

Citation. Ilovaisky I.B. On the Definition of “Foreign Element” in Private International Law and the Simplicity of Understanding the Law. Legal Concept, 2019, vol. 18, no. 2, pp. 99-106. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.16

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