GENERAL CONSIDERATIONS ON QUALIFICATION IN PRIVATE INTERNATIONAL LAW

Remus Daniel Berlingher ()
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Remus Daniel Berlingher: PhD Lecturer ”Vasile Goldis” Western University of Arad, Faculty of Law, Arad, Romania

Jurnalul de Studii Juridice, 2015, vol. 1-2, 55-64

Abstract: A conflict regulation consists of two structural elements, namely: the content of the conflict regulation and the connection of the conflict regulation. Notions by which such elements are determined do not have the same content in different legal systems. For this reason, it is necessary to determine their meaning, since the competent law to regulate that legal relation also depends on how a qualification is made. Qualification is an issue of private international law. Thus, for example, it is possible that a certain legal notion has one meaning in one legal system, and a different meaning in other legal systems. In this article we analysed the concept of qualification, factors determining qualification, forms of qualification, the law according to which qualification is made, conflict of qualifications, as well as qualification under Romanian law.

Keywords: Qualification; conflict of qualifications; foreign element; conflict regulation; lex fori (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2015
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:1-2:y:2015:i::p:55-64

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