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The Principle of Will Autonomy as a Private (Branch) One of International Private Law in Tajikistan Republic

Author (s)

Soliyev Ibrohim Murodovich

Abstract

The article dwells on the principles of international private law. Proceeding from the analysis of juridical literature, the author conducted a division of the principles of the international private law into groups having paid special attention to special principles; the principle of will autonomy of parties in the international private law being singled out among others.

Will autonomy of parties as a special principle of international private law is considered in mutual connection with other principles of the former. The author has also analyzed a legal secureness of this principle in CC of Tajikistan Republic. In particular, it is underscored that TR functioning legislation envisages an application of the principle of will autonomy in reference to rights and duties of treaty parties and also to marital agreement or a consent on payment of alimonies.

Keywords

principles of international private law, will autonomy, agreement between parties, treaty, freedom of treaty, Civil Code, applicable law, collision

References

1.    Lunts L.A. The Course of International Private Law. In three volumes. – M.: Spark, 2005. – 336 pp.

2.    Zuckov V.P. International Private Law. The Course of Lectures. – M.: Norm-INFRA, 2000. – 420 pp.

3.    Mengliyev Sh. International Private Law: manual. – Dushanbe: Tajik National University Printing-House, 2013. – 754 pp.

4.    Moreva R.B. Nature and Place of International Private Law in the Legal System of Russian Federation [Electronic resource]: candidate dissertation in jurisprudence: 12.00.03. – Moscow: RGB, 2007 (from the funds of the Russian State Library)

5.    Civil Code of Tajikistan Republic (part 3) // Tidings of Majlisi Oli (Tajik parliament). – 2005, #3, article 123.

6.    Kuznetsov M.N. Introduction into International Private Law: Theoretical-Practical Exploration: monograph. – M.: Russian University of Peoples` Friendship, 2014. – 288 pp.

7.    International Private Law. Manual // Editor-in-charge: Rajabov, candidate of juridical sciences, Associate Professor. – Dushanbe: “Er-Graph”, 2018. – 264 pp.

Publication date

Monday, 19 November 2018