HISTORICAL DESCRIPTION OF THE FORMATION OF THE CONCEPT OF CIRCUMVENTION OF THE LAW IN PRIVATE INTERNATIONAL LAW IN DOMESTIC PROCEEDINGS

Abstract

The modern judicial system of national justice of different countries has its own peculiarities in approaches to addressing the issue ofcircumvention in private international law, depending on the jurisdiction and historical development of the concept of circumvention in privateinternational law. Given that the codifications of circumvention provisions in private international law have been included relatively recently, thehistorical description of the solution (formation of the concept) of circumvention in court decisions and the consideration of modern codificationsare combined. Judicial decisions define the circumvention of the law as a circumvention of domestic substantive law or as a circumvention offoreign law; here also arises the question of the regulatory part of the court decision: the invalidity of the act committed at noon of the law, or theinvalidity of its consequences. The absence or presence of a provision on circumvention of the law in the legislation does not remove the relevanceof the problem of circumvention of the law, which arises before a judge in resolving court disputes; the issue is further deepened in those legalsystems where there is no provision to circumvent the law. The formation of the concept of circumvention of the law in the internal justice ofdifferent countries on the examples of illustrative court decisions and the corresponding conclusions, which, in fact, take place in modern judicialpractice. The approaches of legislators of different countries to the solution of circumvention of the law in private international law are highlighted.Keywords: circumvention of the law, the concept of circumvention in private international law, the history of the formation of the concept ofcircumvention, the history of private international law, private international law, case law, codifications in private international law, provisions oncircumvention, legislation on circumvention, modern codifications , the law on private international law.