Akimova, Y.M. Methodology of classification of principles of international private law

Abstract: The Russian legislation and legal literature lack the clearly formulated list of principles of international private law, while the scrupulous analysis of legislation and legal practice shows, that the regulation of private law relations with a foreign element requires such relations to comply with a number of basic rules. The principles of international private law, as singled out by most modern authors, have various natures. It seems reasonable to divide them into two groups: 1) the principles, which establish the possibility and necessity of application of foreign law and limits to its application; 2) the principles, establishing the choice of law, when resolving a specific conflict of laws problem (conflict of laws regulation principles). The first group of principles includes the principle of application of foreign law, the principle of equality of national law of various states, the principle of protection of the domestic legal order. The second group of principles includes the principle of the autonomy of will of parties, territorial principle, and the principle of the closest connection. It seems reasonable to pass a law «On the Bases of International Private Law» in which the provisions on its principles should be included.

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