Public Order and the Foundations of Legal Order in International Private Law — Synonyms or Intersecting Concepts?
Year: 2025
Type: article
Abstract: It is established that the relationship between legal institutions, “public order” and “fundamentals of legal order”, is determined by F. K. Savigny through the concepts and features of imperative social norms that exclude the effect of foreign law. The formation and consolidation of these legal institutions in doctrine and legislation is studied. The imperative reasons for the coincidence of the concepts of “fundamentals of the Soviet legal order (public order)” in the Soviet period are indicated. It is noted that the foundations of legal order and public order in international private law are intersecting concepts, where the former is part of the latter. It is established that the legal template in effect in Soviet times, according to which “fundamentals of legal order” and “public order” were synonyms, is an anachronism and is not suitable for characterizing the rules enshrined in Articles 1992 and 1193 of the Civil Code of the Russian Federation and Article 167 of the Family Code of the Russian Federation.
Author: A. A. Shulakov
Institution: Kutafin Moscow State Law University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4410052265