private international law is a part of national law The term "international" in PIL is a conventional concept This term does not mean the action of international law. This term means that the legal relationship crosses the boundary between two or more states. PIL – legal relationship associated with the right to two or more states. PIL – legal relationship may be governed by foreign law.
subject of private international law private law relations associated with foreign law or private law relations burdened with a foreign element
private law relations property and associated non-property relations between private persons • • • civil law relations family law relations labor-law relations land-law relations trade relations monetary relations
Connection with foreign law (Foreign Element) classical definition • subject of relation - foreign private person • object of relation is abroad • legal fact occurred abroad modern understanding • any legal connection with foreign law (Internetrelated, a foreign service provider, the foreign server)
key issues of private international law • the definition of competent jurisdiction (international jurisdiction). For example, what court must consider the dispute over the divorce between the Russian woman and her husband, a Frenchman - the Russian or the French court • Choice of Law (Conflict of issue). For example, on the law of which country a court must consider the dispute over the divorce between the Russian woman and her husband, a Frenchman – on the French or on the Russian law