Surrogacy in international private law and public law aspects

The proposed article is devoted to the issue of surrogacy in its international private law and public law aspects. The complexity and multidimensionality of issues, the emergence of which is due to the birth of children as a result of agreements on surrogacy, have been investigated. Taking into account the three main approaches to the problem of surrogacy existing in the world, namely: the first is a number of states and organizations that categorically deny the very possibility of trade in the context of surrogate motherhood, noting that the child is not talking about any deal; the second approach is that a significant number of stakeholders express concern about the potential merger of surrogate motherhood and child trafficking, which could lead to the criminalization of surrogate mothers and future parents, as well as possible violations of the right to sexual and reproductive health; the last group is a number of states and organizations that have spoken out in favor of a complete prohibition of surrogacy without any restrictions, the consequences of such approaches have been analyzed. Within the framework of this article, the author considers it appropriate to cite the position of the UN Special Rapporteur on the sale of children and the sexual exploitation of children, including child prostitution, child pornography and the production of other materials on sexual abuse of children, the Permanent Bureau of the Hague Conference on Private International Law, as well as the European Court of Justice on human rights on the issues considered. The article draws a number of conclusions. First of all, compliance with the recommendations of the Special Rapporteur requires the adoption of urgent measures to prevent violations of the rights of all participants in a surrogacy relationship due to their vulnerability. Also, regarding the lack of regulation of these legal relations at the level of law within the jurisdiction of Ukraine, the author expresses his opinion about the certain justification of such a situation until a unified normative act is adopted based on the results of the work of the Hague Conference on Private International Law. Harmonization of legal norms at the national and international levels will allow in the future to avoid conflicts in relations of cross-border surrogacy, taking into account the issues of child trafficking, non-discrimination and the right to health of children born through surrogacy, citizenship, name and family ties in the framework of respect for the child’s right to preserve his identity, as well as access to information on origins and rights to family life, etc

THE CONCEPT OF RELEVANT CONDITIONS IN THE MECHANISM OF FUNCTION OF THE PRINCIPLES OF THE CLOSEST CONNECTION

At the present stage of the development of international private law, the intensity of world economic turnover requires a deliberate approach to law enforcement, each legal dispute requires an individual analytical approach from the law enforcer, moving away from the concept of averaged collision dogma has led science and practice to understanding new methodological approaches to finding the relevant, most close legal solution with the actual composition of the relationship. In this paper, on the basis of general scientific methods, as well as using methods of legal modeling, the author tried to substantiate the concept of applying the criterion of the closest connection in legal systems, using the necessary condition of public imperatives that fill the legislative body of Romance jurisdiction. When following the concept of relevance, the criterion of the closest connection can fully realize its potential as a basic principle of private international law. It has been established that there is a conceptual similarity in the impossibility of overcoming the imperative requirements of legislation in the studied legal systems. The author suggested that the legal system as a unit of a normative array can compete by imperative prescriptions with another legal system when establishing the applicable law, the degree of competition shows relevance, being an epistemological unit. The presence of the relevance property in the clause on public order is indicated.

LEGAL REGULATION OF CROSS-BORDER BANKRUPTCY OF LEGAL ENTITIES

The last decade has been marked by the rapid development of International private law within the framework of globalization and unification of norms. Therefore, in the international community, the issue of interethnic application and harmonization of rules and norms for individual emerging legal relations becomes acute. This article examines the issue of legal regulation of cross-border bankruptcy of legal entities. In particular, the author provides a number of statistics and analytical data from a number of countries (developed and developing) in order to substantiate the point of view on this issue.Moreover, the author examines foreign law enforcement practice and the legal framework on bankruptcy and insolvency of legal entities. Considering the bankruptcy procedure, the author comes to the conclusion that this issue has not been sufficiently studied both from a theoretical point of view and from a practical one. Within the framework of this study, sufficient arguments are made to accelerate the resolution of conflicts in International private law. As a result, the author gives some conclusions and suggestions applicable both in the Republic of Uzbekistan and in other states.

Estate Planning and Wills Across Borders: Sometimes a Quagmire in the Making

In this article a synoptic evaluation is made in respect of the estate planning and wills of South African nationals working, investing or living in foreign jurisdictions, in the broader context of globalisation and internationalisation. Estate planners and testators may inadvertently leave family members in a financially vulnerable position or diminish family assets due to a non-appreciation of international private law. The importance of international wills, the role of testamentary trusts, and the potential impact and reciprocity of international instruments are considered. The most applicable Hague Conventions and the EU Succession and Matrimonial Property Regulations are discussed in an attempt to give an overview of the current legal position. In discussing the role of international private law, its practical application is illustrated by way of reference to a few jurisdictions popular among South Africans with multi-jurisdictional estates, namely Malta, Portugal, the Netherlands and the United Kingdom. Although there may be more popular emigration jurisdictions amongst South Africans, this contribution focusses on the South African who lives, works and plays in a European context, without necessarily cutting his or her ties with the homeland. Not all attempts to harmonise wills, deceased estates, succession and matrimonial property regimes have been met with the same levels of enthusiasm by the international community. Contributing hereto may be the fact that fiduciary law deals with sensitive and very personal aspects of individuals and is closely linked to the different worldviews of communities. It is argued that not only fiduciary advisers and will drafters, but also attorneys and notaries involved with prenuptial agreements, should be proficient in the workings and implications of the applicable international instruments. Lastly, an argument is made for more pragmatic and commercial style thinking in the arena of fiduciary law.

Peculiarities of inheritance of deceased's property in international private law

Introduction. The paper is devoted to the study of the peculiarities of the inheritance of deceased property in private international law. The concept of “foreclosed property” is defined. The relationship between the terms “foreclosed property” and “dead heritage” has been clarified. Purpose. In private international law there are two theories (principles) of acquisition of ownership of foreclosed property: the theory of occupation and the theory of inheritance. The essence of each of the approaches to the inheritance of property by the state in private international law is clarified. The list of countries where the “principle of occupation of foreclosed property” is enshrined in law and the countries that apply the theory of inheritance on the principle of the closest connection. Results. The opinions of scientists on the expediency of applying each of the principles have been studied. It has been found that the most effective way to overcome conflicts over the inheritance of foreclosed property between states is through international agreements. In all international treaties governing the relations of inheritance with a foreign element in which Ukraine participates, the same solution to the issue of inheritance of foreclosed property by the state is enshrined. Movable property shall become the property of the Contracting Party of which the testator was a national at the time of death, and immovable property shall become the property of the Contracting Party in whose territory it is located. Conclusion. It is concluded that the application of the third principle of inheritance of foreclosed property in private international law – the “principle of splitting the hereditary statute”.

Siedziba rzeczywista spółki jako łącznik unijnego prawa prywatnego międzynarodowego

The real seat is a recognised, although expressed in different terms, connecting factor of the EU international private law, relating to companies in they different legal relations. Under the regulations unifying particular areas of this law, relevant form the point of view of cross-border operations of companies, the real seat is the connecting factor determining the applicable law in the field of contractual and non-contractual obligations, and the company’s bankruptcy. Furthermore, it deretmines the jurusdiction for insolvency proceedings against the company, and i salso a jurisdictional connecting factor for general civil and commercial matters. The real seat connecting factor may also constitute a connecting factor determining the law applicable to company, accectable under the EU freedom of establishement.

La unión convivencial a la luz del derecho internacional privado argentino. / Some considerations about domestic partnerships in the ligth of argentine international private law

Con la sanción del Código Civil y Comercial de la Nación (CCCN) en 2015 se introdujo en el sistema legal argentino el instituto jurídico de la unión convivencial, siendo regulada en el mismo desde la doble concepción de derecho interno y de derecho internacionalprivado.El objetivo de este trabajo es hacer algunas consideraciones de dicho instituto desde la óptica del Derecho internacional privado y de los problemas que las normas que lo regulan sobre jurisdicción y derecho aplicable pueden acarrear en su interpretación y aplicación y proponer la discusión de una reforma de la norma reguladora del derecho aplicable acorde a las necesidades actuales del tráfico jurídico.ABSTRACT: With the enactment of the new Civil and Commercial Code of the Argentine Republic (CCC) in 2015, the legal concept known as domestic partnership was introduced into the Argentine legal system, and it was organized both from the perspective of domestic law and internationalprivate law. The goal of this paper is to provide various considerations as regards such legal concept in the light of both international private law and the problems that the norms regulating such concept may involve in terms of competence and applicable law, for interpretation and applicability purposes thereof. Besides, this work seeks to open debate for a reformulation of the norm regulating applicable law tailored to the current needs of legal workload.

Remarks on István Szászy (1899-1976), on the General Part of Hungarian Civil Law and the Role of the Comparative Method in Private Law

István Szászy was one of the most versatile creators of Hungarian legal thinking. We remember him primarily as a scholar of international private law, but he also published many high-quality private law works before 1949. In 1949, István Szászy's career as a private lawyer was interrupted for political reasons in the context of Soviet-type dictatorship. His person has been partially ignored by history, while his work as a private lawyer has been disregarded altogether. Therefore, it is worth examining the reasons for the disregard he has been shown and determining whether the oeuvre's private law program is worth re-acknowledging, rehabilitating, and completing. In order to do so, we must discuss the general part of Hungarian civil law and the comparative method’s incidence, as the importance of this issue extends beyond Szászy’s work.

Value of Comparative Law for the Kyrgyz Republic

The article considers the relevance of comparative law as a science and method that contribute to the development of law on the territory of the state and international private law relations. The article describes the importance of comparative law for legal education in the modern legal life of the Kyrgyz Republic. The article examines the contribution of comparative law to the improvement of the national legal system of the Kyrgyz Republic. The article considers the importance of comparative law in creating favorable conditions for fruitful cooperation of lawyers from different countries.