Historical and ideological aspects of the development of the domestic international private law after World War II

被引:0
|
作者
Konstantinova, E. L. [1 ]
机构
[1] Ltd Liabil Co Octoblue, TPZ Altufevo, 3-3 MKAD 84 Km, Mytishchi 141031, Moscow Region, Russia
来源
VESTNIK OF SAINT PETERSBURG UNIVERSITY-LAW-VESTNIK SANKT-PETERBURGSKOGO UNIVERSITETA-PRAVO | 2019年 / 10卷 / 01期
关键词
international private law; evolutionary development; influence of Western European countries; pre-revolutionary scholars; post-revolutionary period; World War II; Russian Federation; pseudo-unification; bilateral agreements; reciprocity principle;
D O I
10.21638/spbu14.2019.106
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
In this article, it is referred to the evolutionary development of the international private law after the World War II as well as to the influence on it by the Marxist ideology prevailing in Russia in this period. It is defined the role of the conflict of law whereby the superstructure was considered to be as the main principle of the legal doctrines including the common substantive rules and was used as a basis for the development of the legal and regulatory sources. It is noted the influence of european law school on the opinions of the national legal experts. It is founded out the necessity of the international private law in Russia in the post-revolutionary and post-war period. The economic and political changes have influenced the restriction of the scope of private law essentially. The theory of the commercial law which was considered to be as a key one in the soviet period gave rise to the unification of the law at the international level. It is emphasized the subjective and objective approaches to the nature of the conflict of law. It is analyzed the classification of the conflict of law with its division on the local and international one whereby the first one gave rise to the federal conflict of law and another one to the prevailing multilateral agreements. As a result, the author points out that the bilateral agreements were considered to be as an instrument of the rules of conflict of law in the Eastern Europe countries. Notwithstanding of the influence of the Western Europe countries on the development of the conflict of law in Russia was created the separate opinion of the socialist system differing from the capitalist one which was aimed to the traditional conception of the international private law.
引用
收藏
页码:84 / 98
页数:15
相关论文
共 50 条
  • [31] 'Occupation Children' in Germany after World War II - Problems and Coping Strategies
    Kleinau, Elke
    Schmid, Rafaela
    CHILDREN & SOCIETY, 2019, 33 (03) : 239 - 252
  • [32] The Question of Guilty and Moral Responsibility in the Context of World War II Considering to Subject Didactics Aspects
    Krakora, Pavel
    Kopecek, Pavel
    3RD INTERNATIONAL CONFERENCE ON LIFELONG LEARNING AND LEADERSHIP FOR ALL (ICLEL 2017), 2017, : 1161 - 1165
  • [33] More choice for men? Marriage patterns after World War II in Italy
    Battistin, Erich
    Becker, Sascha O.
    Nunziata, Luca
    JOURNAL OF DEMOGRAPHIC ECONOMICS, 2022, 88 (03) : 447 - 472
  • [34] The National Association of Manufacturers World War II campaign: A historical case study on power, ideology, and discourse
    Anderson, Bill
    PUBLIC RELATIONS REVIEW, 2025, 51 (02)
  • [35] Predisposed vulnerabilities and survival among the Finnish soldiers of World War II: historical life course approach
    Kivimaki, Ville
    Liski, Virva
    Taskinen, Ilari
    FRONTIERS IN SOCIOLOGY, 2025, 9
  • [36] From World War II to COVID-19: A Historical Perspective on the American Medical Supply Chain
    Bechtold, Hunter D.
    Cruz, Andrea T.
    Kaziny, Brent D.
    DISASTER MEDICINE AND PUBLIC HEALTH PREPAREDNESS, 2022, 16 (05) : 1719 - 1720
  • [37] Lancastrians, Tudors, and World War II: British and German Historical Films as Propaganda, 1933-1945
    Robison, William B.
    ARTS, 2020, 9 (03)
  • [38] BUILDING PARTISAN MEMORY IN SOCIALIST YUGOSLAVIA: THE SLOVENE CASE AFTER WORLD WAR II
    Klabjan, Borut
    ACTA HISTRIAE, 2022, 30 (02): : 513 - 534
  • [39] The Purge after World War II: An Exceptional Moment in the History of the Death Penalty for Women
    Lostec, Fabien
    20 ET 21-REVUE D HISTOIRE, 2023, (160): : 73 - 91
  • [40] Late sequelae of retained foreign bodies after world war II missile injuries
    Surov, Alexey
    Thermann, Florian
    Behrmann, Curd
    Spielmann, Rolf-Peter
    Kornhuber, Malte
    INJURY-INTERNATIONAL JOURNAL OF THE CARE OF THE INJURED, 2012, 43 (09): : 1614 - 1616