Conflict rates

The process of regulating relations in the civil-legal sphere with a foreign element is fraught with a rather complex problem, consisting in the choice of the law used. The question of how the regulation of relations will be carried out, and the provisions of the legislation of which country will be used, is decided by the court or other law enforcement agency. Regulation of relations in such cases is carried out by a special system.

Conflicting norms in private international law are considered to be the most complex. At the same time, these provisions form the basis of this system in any state. The presence of a foreign element in a relationship provokes such a phenomenon, which is called the "conflict of rules of law."

The term "collisio" of Latin origin means "collision". When they talk about legislative conflict, they suggest the need for a choice between the legislations of different countries. This phenomenon can be provoked by two reasons. The conflict of law can be directly conditioned by the fact of the presence of a foreign element in relations within the framework of private law, as well as by the different contents of legal norms in the legislation of different states with which this relation is connected.

"The problem of the collision of laws" is the problem of choosing those provisions that should be applied in the existing conditions. The conflict problem is characteristic, mainly, for the international private law. At the same time, elimination of it is of paramount importance in this sector. In other legal branches, "the problem of collision of laws" is of secondary importance.

Conflicting norms determine which provisions of legislation should be applied to relations that are formed within the framework of international communication. The situation is complicated by the fact that the rule of law of several states applies to the regulation of these relations. Conflicting norms allow you to subordinate the interaction with a foreign element to the legislation of one particular country. In this regard, in the legal literature they are called "conflict", "referral" provisions.

Conflict rules usually send the law enforcement agency to the provisions in the relevant legislative system. At the same time, they themselves (norms) do not solve the regulated relationship on the merits. Thus, it becomes clear that conflict rules, being "reference provisions", can only be used in combination with any legislation that solves the question posed.

However, despite the fact that these provisions only determine the laws of which country will be applied, one should not underestimate their significance. Along with the substantive law, to which the conflict provisions are referred, they also express a certain rule, according to which civil relations are carried out.

This system of regulating relations involving a foreign element includes two forms.

Settlement of civil interaction can be carried out in a national legal way. This method involves the publication of national "references", which each state develops independently within its legislation.

The second form - the international legal one - provides for the unification of conflicting norms that countries have developed jointly under international agreements.

In general, the system is applicable in the event that direct regulation of relations is not possible and the internal "reference clauses" of the countries concerned have significant differences.

The conclusion of an international conflict of laws agreement helps to ensure maximum compliance with international court decisions. In other words, with the help of this system of regulation, the court decision will be identical for all parties, regardless of the state in which it is adopted.