process of regulation of relations in the sphere of civil law with a foreign element is associated with a fairly complex problem lies in choosing the right used.The question of how will be the regulation of relations, and the legal provisions of the country which will be used, decides the court or other enforcement authority.Regulation of relations in such cases is carried out by a special system.
Conflict rules in private international law are considered to be the most difficult.Thus these provisions are the basis of this system in any country.The presence of a foreign element in the relationship provokes a phenomenon which is referred to as "conflict of law".
term "collisio" Latin origin, means "encounter".When people talk about the legal conflicts, it suggests the need to choose between the laws of different countries.This phenomenon can be caused by two reasons.Conflict of law may be caused directly by the fact of the presence of a foreign element in the relationship under private law, as well as various content of legal norms in the legislation of different countries, which are associated with this relationship.
"the problem of collisions of laws" referred to the problem of choice of those provisions to be applied in the existing conditions.Collision problem is typical mainly for the private international law.At the same time eliminating it is of paramount importance is in this industry.In other legal areas, "the problem of collision law" is of secondary importance.
Conflict rules determine which provisions of the law should be applied to the relationships that are formed within the international community.The situation was complicated by the fact that the regulation of these relations of several states claim the rule of law.Conflict rules allow subordinate interaction with a foreign element legislation of one particular country.Therefore, in the legal literature they are called "conflict", "referential" position.
Conflict rules are usually sent to the enforcement authority in the relevant provisions of the legal system.In doing so, they (the regulations) do not solve the adjustable ratio substantially.Thus, it becomes clear that the conflict rules, as "numerous references to the provisions" may only be used in conjunction with any legislation that will decide the question.
However, despite the fact that these provisions only define laws which country will be applied, should not underestimate their importance.In addition to the substantive provisions, which refer to the conflict situation, and they express a certain rule, according to which the exercise civil relationship.
Such a system of regulation of relations with foreign element includes two forms.
Settlement of civic engagement can be a national legal process.This technique involves the publication of the national "provisions of reference", which develops each state within its own legislation.
second form - international law - provides for the unification of conflict rules, which are developed countries together in the framework of international agreements.
In general, the system is applicable in the case where the direct regulation of relations is not possible, and domestic "referential position" of the countries concerned have significant differences.
conclusion of the international agreement contributes to conflict to ensure maximum compliance with the international court's decision.In other words, by means of said control system judgment will be identical for all parties, regardless of whether the state in which it is made.
