International private law of lecture.

In modern Russian and Western science there is still no clear and unequivocal answer to the question, what is the international private law of lecture (MChP). In addition to the absence of an exact definition of this term, there is also no single approach to the structure and classification of this complex and multicomponent concept. This is partly due to the fact that private international law has existed since the XIX century and since that moment has undergone many changes and transformations and has a rich historical past.

The invention of the term is deservedly appropriated to the judge of the Supreme Court of the United States of America, Professor Harvard J. Story, who lived in the first half of the XIX century and lectured on private international law. At that time in the US this term was used along with the long-existing concept of "conflict of laws". At the end of the XIX century, this term passed from the American legal science and the countries of the Old World. True, in the European school this concept was interpreted somewhat differently: as a set of conflict rules associated with the existence of relations between individuals of different states and applicable when different kinds of private relations include the so-called foreign element. This interpretation of the concept of private international law of lecture is preserved in European science to this day.

American scientists R. Davis and M. Garrison consider the terms "conflict law" and "international private law" to be related and very similar in nature. Both of these concepts, in their opinion, include a set of legal norms suitable for resolving such issues with a component of interethnic interaction, such as the definition of a court of a state that should resolve a legal dispute that arose, and the law of the state that follows In this case apply.

In our country lectures on private international law also exist in the XIX century. A great contribution to the development of this field of legal science was made by the talented Russian scientist FF Martens. At the end of the XIX century, he published his outstanding work "Modern International Law of Civilized Nations". This absolutely innovative and very bold for its time book contained a whole section devoted to international private law. Martens singled out two of the most important features of the IPP: its civil-legal nature, as well as an invariable international element.

As a so-called subject of a legal relationship , for example, any private individual who has the citizenship of another state (foreign citizen, refugee, stateless person, bipatrid), a foreign legal entity, various types and directions of work, state and non-governmental organizations, and even a whole foreign state.

In some cases, this branch of international law encounters such situations when the object of the legal relationship is located abroad. It can be, for example, immovable property, inherited, which is located abroad. How to approach such a case legally depends, of course, on the representatives of which two states are involved in this matter. But the regulatory role in this case is played by the laws of private international law, which helps to solve the problems at a high level in terms of legal competence.

Quite often also are cases when one or another legal fact or legal relationship occurs not in the territory of the state in question, but outside it. For example, a citizen of Russia, being abroad, got on a road and transport trip and as a result received any injuries. This case is just a graphic illustration of what area of legal relations includes and explores as applied science in lectures on international private law.