Suchergebnisse

The author examines discretion in law as an inter-sectoral phenomenon that manifests itself in all sectors of law without exception, yet with a consideration of the sectoral specifics. Discretion is legally permitted juridical freedom of participants of legal relations to execute their subjective rights, duties and prohibitions at their discretion, based on the autonomy of will of the latter entities and strictly within the legal limits. The attributive features of discretion include legal grounds, alternativeness and multivariate behavior, freedom of will, initiative of the participants of legal relations, and restrictions by the law and a number of extralegal factors.

The processes of national codification of Private International Law and International Civil Procedure in the modern world are characterized by high intensity, but each state demonstrates its own specific features. In this regard, Latin American countries are of great interest – the codified Private International Law appeared in many of them already in the XIX century, and then the processes of its regional unification began. Despite the fact that the national Private International Law in all these countries was initially internationally oriented, each legislator solved the issues of its systematization in his own way. In view of this, it is of interest to undertake a brief analysis of the General Law on Private International Law of Uruguay, which was adopted in 2020 and entered into force in 2021. The research is aimed at clarifying and understanding the motives for the recodification of Private International Law / International Civil Procedure of Uruguay; analyzing the method (form) of codification and identifying the reasons for its election; evaluating the method of codification and the main novelties that have been consolidated in the new normative act. During the research, the relevant legal methodology was used: comparative legal and dialectical methods, methods of historical analysis, semantic and dogmatic interpretation of the law. Analysis of the General Law of Uruguay allows us to conclude that the method of two-fold codification of Private International Law / International Civil Procedure chosen by the legislator is not entirely successful: it lacks the most important part - the rules on recognition and enforcement of foreign decisions. An autonomous complex codification of Private International Law / International Civil Procedure has been carried out in the country, but it turned out to be logically incomplete. The new General Law deserves high evaluation for its content, successfully combining traditional Latin American approaches with the latest developments present in international acts and doctrinal studies.