За различното съдържание на понятието „международен елемент“ в източниците на международното частно право
On the Variable Content of the Term ‘International Element’ in the Sources of Private International Law

Summary/Abstract: The term ‘international element’ or ‘cross-border case’ underlies the legal branch of private international law. This term defines the subject matter of its regulation and is used as a criterion for distinguishing it from the scope of other legal disciplines. The connection of international civil case proceedings or substantive law relationships with one or more foreign countries constitutes propria essentia of private international law as well as a natural prerequisite for the application of its sources. Nevertheless, the content of the term ‘international element’ or ‘cross-border element’ has not been unified, and the various regulatory acts of international, union or domestic origin provide a variety of understandings of this expression. In certain cases, explicitly formulated definitions are introduced, while in other cases the absence of a legal definition is overcome through the court practice. This article analyses the jurisprudence of the Court of Justice of the EU on the implementation of Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on the jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (Brussels I) and makes an attempt at formulating the content of the term ‘international element’ under the said act. A direct consequence of the absence of a common understanding of the essence of the international element is the lack of legal security and the possible self-restriction of the scope of the EU law regulations.

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