The Basic Factors of Nonapplication the Foreign Law in Private International Law
Abstract:
This article covers restriction and nonapplication of the foreign law in the legal procedure. There is a problem all over the world in avoiding the application of foreign law or its proper application. The difficulties of applying foreign law in court practice are ignored, because it is interpreted and applied primitively, without taking into account important details and nuances.
The application of relevant foreign law is excluded by several key factors. The application of a foreign country’s norm is excluded when it is contrary to public policy, especially if the foreign law is based on values that are fundamentally different from the values of domestic law. There is detailed discussion on the role of mandatory rules.
Indeed, we must say that public policy and mandatory rules should rarely be used, even only in exceptional cases where the application of foreign law is contrary to the fundamental principles of the law of the country concerned.
Keywords:
Exclusion, Public Policy, Mandatory
