Comparative jurisprudence in private international law

In the modern era of the development of democracy, the importance of international public law also increases. In connection with this, the development of new methods and methods for its investigation is required. The method of comparative law in the study of international law occupies a special position. In turn, for the said reception, the discipline itself is of particular importance.

Comparative law at the disposal of international public law provides a special tool. It allows you to explore various scientific and applied issues. Comparative jurisprudence as a method of studying is widely used in international public law. Thus, for example, this method is effective in investigating the interactions of the domestic and international regulatory system, in the process of unifying the material legal norms of international importance, as well as in the formation of interethnic normative customs and general provisions.

Comparative jurisprudence interests professionals involved in private international law. This is more related to the specifics of this industry. However, some scholars (for example, the Hungarian Madl) advocated the formation of a special comparative private law in an international format. It should be noted that the world normative system and this method of investigating discipline exist today in close interaction. At the same time, comparative law, as well as interethnic private law, is not limited to one system. Both directions are oriented towards foreign (foreign) systems.

In the methodological structure of private international law, the method of comparison is endowed with a special meaning. This is due to the fact that systems for resolving legitimate conflicts involve the use of foreign norms in certain situations. Along with this, the provisions of the national legal system are correlated with the provisions of foreign legislation.

Experts note the close relationship of comparative jurisprudence with branch legal disciplines. At the same time, certain areas of science contribute to the expansion of the problems. The comparative method at the same time delivers material for research and theoretical generalization within the framework of sectoral disciplines at a sufficiently high level.

While this research method is widely used by lawyers, experts argue about its status. In the opinion of some, comparative law should be used as a method. According to others - this is a whole science. However, the third authors, adhering to the principle "and this, and that" believe that this is a private-scientific method, which is applied in different state and legal disciplines.

Specialists note that the use of comparative jurisprudence contributed to the accumulation of a large volume of material, and also required the development of various theoretical prerequisites for its application. Along with this, within the normative reality itself there is a sufficiently large number of spheres that can not be investigated outside the described method. All of the foregoing and led to a greater degree of the tendency to gain comparative jurisprudence features of an autonomous discipline. Some authors call it auxiliary.

Sufficiently wide application of this method contributes to the fact that a special direction in the legal system is being formed and developing - comparative constitutional law. Within the framework of this direction, micro- and macro-comparisons, external and internal, functional and normative, synchronous and diachronic are allowed. In combination with other tools and techniques, constitutional jurisprudence allows you to explore those phenomena that were previously beyond the capabilities of constitutionalists.