Thesis on the private law nature of private international law: critical analysis of European history

Abstract

The article discusses the problem of the private international law’s subject of regulation. The author analyses whether private international law should deal with the conflicts of private laws only, basing her argument on the history of the private international law. In particular, the author has reviewed the genesis of strictly territorial sphere of application of norms of public law and other characteristics of the territorial scope of application of norms of public law. Territorial scope of application of norms of public law has been compared with that of private law. The author comes to the conclusion that modern transnational relations require new understanding of private international law as capable of defining the territorial scope of application of a wide range of legal norms.