Principle of the Closest Relationship in Private International Law

Abstract

Russian scientists attach great importance to one of the fundamental principles of private international law – the principle of the closest connection. The concept of the closest connection was developed in England on the basis of case law, the rules of which were created by judges in court decisions on specific cases. The legislator has included the principle of closest connection to the civil code, however, in light of the changes it made in the reforms of 2013, the closest connection principle was assigned a secondary role in relation to the principle of characteristic performance. The main purpose of the principle of the closest connection is to find the law and order that can most effectively regulate cross-border relations. The court will have to determine the will of the parties to the contractual relationship, aimed at choosing the right. Therefore, a close relationship is established based on the court's assumption of what right the parties would have chosen if they had considered this issue. The principle of the closest connection, in connection with this approach, often loses its independent significance. Article 1187 of the civil code of the Russian Federation does not specify the conditions of its application, as well as the scope of its action. For this reason, the category of the closest relationship is universal and applies regardless of the nature of the cross-border civil relationship. Russian legislation does not have clear criteria for determining the closest relationship, which may lead to a subjective decision by the court. In this regard, the study of problems related to the application of the principle of the closest connection in judicial practice is undoubtedly relevant.