EUROPEAN PRIVATE INTERNATIONAL LAW AND NATIONAL CIVIL CODES

Autor: Martín Jesús Urrea Salazar
Jazyk: angličtina
Rok vydání: 2023
Předmět:
Zdroj: International Journal of Law in Changing World, Vol 2, Iss 2 (2023)
Druh dokumentu: article
ISSN: 2764-6068
DOI: 10.54934/ijlcw.v2i2.62
Popis: Objective: The objective of this work is to emphasize the role of global law in the current legal reality and the importance of autonomy of the will in regulating international legal relationships. Methods: The study starts from the existence of a legally fragmented world and the differentiation of three levels of regulation of legal relationships with a foreign element. One block of universal regulation, consisting of international treaties and rules of uniform law, another regional level based on the existence of regional integration organizations with their own regulations, and finally a diminishing state level, formed by national legal systems. Results: Whether in a phase of globalization or post-globalization, the juridical reality of international trade and legal relations, in general, undergo significant changes that are worth analyzing. The perspective of global law allows us to contemplate this juridical reality from an eminently practical standpoint, which places the autonomy of will as the protagonist of the legal framework for international contracting, and points to an increasingly significant role in the field of personal and family legal relations. Scientific novelty: Emphasize the role that autonomy of the will plays in the regulation of legal relationships with a foreign element and the diminishing relevance of the state legislator in the current globalized world. Practical significance: Regulation of cross-border legal relationship, both commercial and personal and family, in a globalized world like the present.
Databáze: Directory of Open Access Journals