The fastest growing in the last century, the branch of law is the private international law. The concept of "private international law" was first suggested D. Storey, published in 1834 his book "Notes on foreign and domestic law."
The development of such rules in modern conditions is explained by a number of specific reasons, most important of which may be called the globalization of international relations , which in the twentieth and early twenty-first century has reached a truly colossal proportions.
Already, almost impossible to imagine a separate state, which would not depend on a number of other, even less developed and weak states. What to say nothing of the companies and firms who throw their production across the planet in such a way as to maximize profits, sometimes leaving only the head offices in countries where once they were created.
Another reason for the development of private international law in recent years is the ever-increasing migration of population . For example, if in the beginning of the XIX century to the fact that Russia get out of, say, in Rome , could take weeks, now it is possible within a day or less.
However, the resettlement of people from one country to another, there are certain difficulties (such as the granting of citizenship, the issuance of residence permits or work permit). Such problems, in turn, promotes more rapid and efficient development of international law, since there is a need to identify options in the legislative resolution of these problems (countries agree among themselves about what rights and opportunities will have their citizens on the territory of another country).
Closely related to the previous reasons for the development of international private law and the rapid development of scientific and technological progress . Due to the development of new and innovative mechanisms, devices, systems and technologies that are being implemented and used in different parts of the world, accelerating the exchange of information through the use of modern technology and there is a need international regulation arising from these relationships.
Suppose a Russian citizen living and working in France for a company in the U.S. , with products sold in China . Our hero in the event of any problems will be something to protect the Russian Federation in the relevant international organizations on the basis of agreements between Russia and France , the United States and China .
In order to apply the rules of private international law requires two conditions:
1. The subjects involved in the case, should not have respect for each other authority.
2. Must be the presence of "foreign element". That is, should appear in the foreign citizen or a legal person, and in some instances, a foreign country. Chance of a foreign object (for example, any property : house, land, vehicles, etc.). Also a foreign element may be in the event itself, if it took place abroad (eg, death of a citizen, the opening of the inheritance, personal injury of a foreign citizen, etc.).
Thus, private international law - a set of specific rules of conduct governing the civil law, employment, marriage and family, procedural and other similar relationship, complicated by a foreign element, which should guide the participants.
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