Наднаціональна природа європейького права та горизонти акультурації національних правових систем: теоретико-історичний аналіз.
Supranational Nature of European Law and Horizons of National Legal Systems’ Acculturation: Theoretical and Historical Analysis

Summary/Abstract: We consider several doctrines interrelation of national and international law, the top of which is a dualistic concept, and the concept of national and international monism. The first doctrine is based on the comparison of dialectical understanding of the international and domestic law. The concept of “national monism” recognizes the primacy of national law, while the concept of “international monism” is doing in opposite way. The most European countries confessed “monism with a primacy of international law.” However, the comparative analysis of different understanding of general principles of private law in the context of the main cultural and legal traditions demonstrates the need “approach to law as a cultural phenomenon”. It updates the legal acculturation of European law, which should be understood as a process of Europeanisation of law. We can assert that private international law in its modern sense gradually, but finally “dies”, and to replace him “born” the new, globalized, supranational law. The archetype of this law is the law of the European Union.

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