СУКОБ ЗАКОНА КАО ОПШТА ПОЈАВА
CONFLICT OF LAW AS A WIDE-SPREAD PHENOMENON

— The basis for a general theory on the conflict of law —

Summary/Abstract: In the last few years, more striking has become the fact that in this world we live in, which is a complex human community, there inevitably exist a number of legal orders, set vertically or horizontally against one another. Thus the wide-spread phenomenon of conflict of law, all in different form, whether on the international or national scene. Vertically characterised conflict of law occurs in international affairs in the form of the question of the relationship between the international, law and the national laws of the individual states, as well as the question of relationship between the universal, regional and bilateral international law, and on the national scene as the problem of division of normative jurisdiction between the federal state as a whole and the federal units representing the elements of its complexity. Horizontally characterised conflict of law occurs in international affairs in the form of the relationship between the laws of the different states, laying claim to the regulation of the same legal situation, and on the national scene in the form of the conflict of diverse legal orders within the federal (complex) state. In practice, it is possible to have complex conflicts of law, the simultaneous occurrence of two or several of the mentioned types. The causes leading to the occurrence of the conflict of law, and more notably their practical significance impose the necessity of the legal science devoting its attention to this phenomenon in a new way. The phenomenon of conflict of law should be studied as a whole, as a uniform phenomenon subject to uniform rules. By application of this approach, it would be possible to embody the legal and sociological aspect of the problem (cause of origin of the phenomenon and its influence on social relations), kinds and areas of conflicts of law, the problem of its solution, together with the general theory of conflicting norms, and the ways and possibilities of elimination and prevention of the conflict of law and the alleviation of its effects.

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