Some remarks on the idea of the foreign law application

The evolution of the idea of the foreign law application is connected to the work of post-glossators in the 14th and 15th centuries. The aim of this paper is to present the roots of the idea, but also to point out the social circumstances enabling its development. Today's indisputable justifica...

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Autor principal: Belović Jelena M.
Formato: article
Lenguaje:EN
Publicado: Serbian Sociological Association, Belgrade 2021
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Acceso en línea:https://doaj.org/article/af8cab7023844254936abf0ee013f49b
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spelling oai:doaj.org-article:af8cab7023844254936abf0ee013f49b2021-12-05T21:32:03ZSome remarks on the idea of the foreign law application0085-63202560-488010.5937/socpreg55-31862https://doaj.org/article/af8cab7023844254936abf0ee013f49b2021-01-01T00:00:00Zhttps://scindeks-clanci.ceon.rs/data/pdf/0085-6320/2021/0085-63202103978B.pdfhttps://doaj.org/toc/0085-6320https://doaj.org/toc/2560-4880The evolution of the idea of the foreign law application is connected to the work of post-glossators in the 14th and 15th centuries. The aim of this paper is to present the roots of the idea, but also to point out the social circumstances enabling its development. Today's indisputable justification of the foreign law application has been advocated and criticized through various arguments for centuries. The chronological presentation requires the application of the historical law method, while the comparative method is necessary in analyzing comparative law solutions. The foreign law application is dictated by the requirement for observing legitimate interests of others that is aimed at reciprocal action. In the age of globalization and increased interaction in social relations, the application of foreign law is a regular occurrence. However, in certain terms, the global and regional unification of legal regulations could be seen as the negation of the foreign law application.Belović Jelena M.Serbian Sociological Association, Belgradearticleparticularityunificationforeign law applicationprivate international lawSociology (General)HM401-1281ENSociološki Pregled, Vol 55, Iss 3, Pp 978-996 (2021)
institution DOAJ
collection DOAJ
language EN
topic particularity
unification
foreign law application
private international law
Sociology (General)
HM401-1281
spellingShingle particularity
unification
foreign law application
private international law
Sociology (General)
HM401-1281
Belović Jelena M.
Some remarks on the idea of the foreign law application
description The evolution of the idea of the foreign law application is connected to the work of post-glossators in the 14th and 15th centuries. The aim of this paper is to present the roots of the idea, but also to point out the social circumstances enabling its development. Today's indisputable justification of the foreign law application has been advocated and criticized through various arguments for centuries. The chronological presentation requires the application of the historical law method, while the comparative method is necessary in analyzing comparative law solutions. The foreign law application is dictated by the requirement for observing legitimate interests of others that is aimed at reciprocal action. In the age of globalization and increased interaction in social relations, the application of foreign law is a regular occurrence. However, in certain terms, the global and regional unification of legal regulations could be seen as the negation of the foreign law application.
format article
author Belović Jelena M.
author_facet Belović Jelena M.
author_sort Belović Jelena M.
title Some remarks on the idea of the foreign law application
title_short Some remarks on the idea of the foreign law application
title_full Some remarks on the idea of the foreign law application
title_fullStr Some remarks on the idea of the foreign law application
title_full_unstemmed Some remarks on the idea of the foreign law application
title_sort some remarks on the idea of the foreign law application
publisher Serbian Sociological Association, Belgrade
publishDate 2021
url https://doaj.org/article/af8cab7023844254936abf0ee013f49b
work_keys_str_mv AT belovicjelenam someremarksontheideaoftheforeignlawapplication
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