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Natalia Erpyleva , Alexandra Kasatkina, Irina Get'man-Pavlova1
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

Intra-Branch Method of Codifying Private International Law (Case of Latin American States)

2021. No. 2. P. 204–235 [issue contents]
The codification of legislation on Private International Law (PIL) is a process representingthe structural and substantive ordering of legal rules to systematize and optimize theregulation of private law relations that have a legally significant connection with the legalorder of two or more countries. It is advisable to designate the following methods of codificationof PIL. Intra-branch codification — the act of general codification of civil law includesa special section that regulates most of the institutes of PIL. Within the framework of this method, two main forms of its result can be distinguished: a) a simple intra-branchform where the regulation of the general part of PIL and the rules for choosing the applicablelaw is allocated in a separate section of the Civil Code. The rules of International CivilProcedure (ICP) are fixed in the acts of codification of civil procedure law; b) a complexintra-branch form where the act of codification of civil law includes the institutions of thegeneral part of PIL, conflict-of-laws rules and rules of ICP (jurisdictional and proceduralrules). Inter-branch codification — the act of general codification of civil law includes aspecial section containing the main rules and institutions of PIL. Separate institutions ofthe Special part of PIL are included as independent sections in the acts of special branchcodifications. Autonomous branch codification — the adoption of a special law codifyingthe general provisions and conflict-of-laws rules of PIL. Complex autonomous codification(full-scale codification of PIL/ICP) — the adoption of a separate law or code containingboth the fundamental principles and conflict-of-laws rules of PIL and the main rulesof ICP. The modern legislator demonstrates all the variety of forms and ways of codifyingPIL, while it is interesting to see what preferences are shown by certain countries. Thelegislation of Latin American countries is chosen for the analysis, since from the middleof the 19th century to the present time, the processes of codification of PIL are extremelyactive there. According to the results of the study, it is concluded that the majority ofLatin American countries choose the path of intra-branch codification of PIL (its simple orcomplex form). This method of codification is not free from drawbacks; the best optionis a complex autonomous codification, which has a three-part structure: (1) internationaljurisdiction, (2) applicable law, (3) recognition and enforcement of foreign judgments andarbitral awards. In writing this study, the authors used the methods of formal logic, comparativelaw, and the historical method.
For citation: Erpylyova N.Yu., Getman-Pavlova I.V., Kasatkina A.S. (2021) Intra-Branch Method of Codifying Private International Law (Case of Latin American States). Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 204–235 (in Russian) DOI: 10.17323/2072-8166.2021.2.204.235
Citation: Erpyleva N., Kasatkina A., Get'man-Pavlova I. (2021) Vnutriotraslevoy sposob kodifikatsii mezhdunarodnogo chastnogo prava (na primere stran Latinskoy Ameriki) [Intra-Branch Method of Codifying Private International Law (Case of Latin American States)]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 204-235 (in Russian)
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