Scientific Journal of KubSAU

Polythematic online scientific journal
of Kuban State Agrarian University
ISSN 1990-4665
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Kulish Daria Sergeevna

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Kuban State Agrarian University
   

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Articles count: 1

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PROBLEMS CONCERNING RIGHTS APPLICATION EXISTING IN THE COUNTRIES WITH THE PLURALITY OF LEGAL SYSTEMS IN THE INTERNATIONAL PRIVATE LAW

abstract 1121508127 issue 112 pp. 1750 – 1761 30.10.2015 ru 932
The article is devoted to the investigation of the problems that may face law enforcement official in the case of regulation transboundary relations between private law subjects. In that case, the law of the country with the several legal systems is applied. It is considered the classification of the legal systems' plurality in the same state. The proposals concerning supplements to the Art. 1188 of the Civil Code are conducted in the following article. In particular, it is offered to put an addition to the Art. 1188. The addition would allow to apply the norm to the both: whether the domestic conflict norm sends to the right of the foreign state or the right of the internal collisions itself, i.e. - to extend its action to the situations, in the cases when the state has substantial collisions, hierarchical collisions, temporal collisions. In that way, it is possible to fix the rule in the Art. 1188 of the Civil Code of the Russian Federation which would maintain the case when the domestic conflict norm sends to the foreign right, and in this foreign right there are internal collisions, they have to be resolved, proceeding from rules of the state law to the conflict norm which was sent by the Russian norm
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