Constitutional Aspect through the Prism of International Principles Cover Image

Constitutional Aspect through the Prism of International Principles
Constitutional Aspect through the Prism of International Principles

Author(s): Olga Tatar, Alexandru Sosna
Subject(s): Constitutional Law, International Law, Law on Economics, Sociology of Law
Published by: ADJURIS – International Academic Publisher
Keywords: international treaty; conflict of laws; rule of power; power rights; obligations;
Summary/Abstract: I would like to note that, in contrast to substantive legal norms, which establish the content of the rights and obligations of individuals and legal entities of private international law and at the same time regulate their behavior, the conflict of law norm determines the law of which state can be applied to a given relationship. A very significant difference between the conflict of laws rule and a number of subsequent regulations is the overcoming of the conflict of laws problem by determining the applicable law. In the case when we are talking about the connection of a private law relationship with the legal order of several states, the question arises: by the law of whose state is it possible to resolve this issue. The likelihood of national authorities applying foreign law is the main difficulty of private law. The application of foreign law is possible due to the provisions of national legislation, as well as an international treaty.

  • Page Range: 374-391
  • Page Count: 18
  • Publication Year: 2023
  • Language: English