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General Considerations On Qualification In Private International Law

Author

Listed:
  • Remus Daniel BERLINGHER

    (PhD Lecturer ”Vasile Goldis” Western University of Arad, Faculty of Law, Arad, Romania)

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.

Suggested Citation

  • Remus Daniel BERLINGHER, 2015. "General Considerations On Qualification In Private International Law," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1, pages 55-64, June.
    • Handle: RePEc:lum:rev4rl:v:1-2:y:2015:i::p:55-64
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    More about this item

    Keywords

    Qualification; conflict of qualifications; foreign element; conflict regulation; lex fori;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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