Диффузия в праве как направление унификации международного частного права: к вопросу об объекте информационного права

Abstract

Foreign law can be an important object of informational legal relations. Different states compose unified registers of legislative acts. In the long run creation of national information resources on the basis of the current legislation contributes to interpenetration of legal norms into foreign legal systems. In the age of globalization cooperation between states on a contractual basis opens large-scale prospects for establishing business and other contacts between citizens and legal entities of different state affiliations. But the use of this method of law unification faces difficulties related to implementation of the international treaties’ norms into the national legal system. Also difficulties stem from the fact that after implementation into the national legal system international treaties’ norms do not have a uniform interpretation. Due to the existence of the problems in unification of law through international treaties other ways of unification of law of various states are being explored. Diffusion in law, based on the penetration of foreign law norms into the national legal system is one of such ways. The way of diffusion in law envisages the application of unified categories of institutes and legal rules enacted in this or that state as the most efficient legal norms, institutes. This way of unification of law gains more and more recognition due to the fact that it does not face the problems characteristic for unification of law through international-treaties, but accomplishes the same goals Tire ensures harmonious interaction between various legal systems in law.