Application of the Law of Ukraine «On Private International Law» in judicial practice. (Part I. Establishing the content of the norms of foreign law)

4 / 2 0 2 4 ( I. ) , ' 8 2005 . , , iura novit curia , , . : , ; ; ; .The article deals with the issues related to the application of Article 8 of the Law of Ukraine On Private International Law of 2005.Particular attention is paid to the legal positions of the Supreme Court regarding possible methods of determining by the court the meaning of foreign law and participation in that process of persons involved in the case, the role of the principle of iura novit curia in the application of foreign state's law, as well as judicial consequences of impossibility of establishing by the court within a reasonable time the meaning of the foreign state's norms of law, notwithstanding the measures taken in accordance with this Article.

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Publication Details

Journal
Ukrainian Journal of International Law
Published
2024-12-25
DOI
https://doi.org/10.36952/ujil.2024.4.1
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

Application of the Law of Ukraine «On Private International Law» in judicial practice. (Part I. Establishing the content of the norms of foreign law)

Yuliya Chernyak
Ukrainian Journal of International Law
European and International Law Studies
article

Application of the Law of Ukraine «On Private International Law» in judicial practice. (Part I. Establishing the content of the norms of foreign law)

Yuliya Chernyak
article en

Abstract

4 / 2 0 2 4 ( I. ) , ' 8 2005 . , , iura novit curia , , . : , ; ; ; .The article deals with the issues related to the application of Article 8 of the Law of Ukraine On Private International Law of 2005.Particular attention is paid to the legal positions of the Supreme Court regarding possible methods of determining by the court the meaning of foreign law and participation in that process of persons involved in the case, the role of the principle of iura novit curia in the application of foreign state's law, as well as judicial consequences of impossibility of establishing by the court within a reasonable time the meaning of the foreign state's norms of law, notwithstanding the measures taken in accordance with this Article.

Ukrainian Journal of International Law(4/2024)
Taras Shevchenko National University of Kyiv (UA)
Openalex Percentile: Top 48%
European and International Law Studies
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