Comparative law in private international law

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In the modern era of democracy is strengthened and the importance of international public law.In this connection, it is required to develop new techniques and methods of his research.The method of comparative law in the study of international law occupies a special position.In turn, for these methods, and the discipline is of particular importance.

Comparative Law at the disposal of public international law provides a special tool.It allows you to explore a variety of scientific and applied problems.Comparative law as a method of study used widely in international public law.For example, this method is effective in the study of interactions of domestic and international regulatory system, in the process of unification of material legal norms of international importance, as well as the formation of international customs and general legal provisions.

Comparative Law interested professionals involved in global private law.It has more to do with the specifics of the industry.However, some scientists (eg Hungary Madl) advocated that, to form a special comparative private law in the international format.It should be noted that the global regulatory system and the method of research disciplines exist today, in close cooperation.This comparative law, as well as interethnic and civil law, is not confined to a single system.Both directions are focused on foreign (overseas) system.

The methodological structure of private international law comparison method is endowed with special meaning.This is due to the fact that solutions of legitimate collisions involve the use in some cases the foreign standards.At the same time the situation of the national legal system relate to the provisions of foreign law.

specialists note a close relationship with industry comparative law legal disciplines.The individual areas of science contribute to the expansion of perspective.The comparative method at the same time supplies the material for study and theoretical generalization of the disciplines within the industry at a high level.

While the specified research methods widely used by lawyers, experts debate about its status.According to some, comparative law should be used as a method.For others - it is a science.However, the third author, adhering to the principle, "and this and that" believe it chastnonauchnogo method that is used in various public and legal disciplines.

Experts note that the use of comparative law contributed to the accumulation of a large volume of material, and also required the development of a variety of theoretical premises for its application.At the same time within the regulatory reality there are quite a number of areas that can not be investigated by the method is described.All of the above, and resulted in greater tendency toward the attainment of comparative law features a relatively autonomous discipline.Some authors call it a subsidiary.

rather wide use of said reception ensures that formed and developed a distinct trend in the legal system - comparative constitutional law.As part of this trend is allowed micro- and makrosopostavlenie, external and internal, functional and normative, synchronic and diachronic.In combination with other tools and techniques of constitutional jurisprudence allows to investigate the phenomena that were previously beyond the capabilities of the constitutionalists.