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THE HISTORY OF THE INTERNATIONAL CIVIL PROCESS: INTERNATIONAL AND RUSSIAN PERSPECTIVE - SEARCH FOR PRIVATE AND COMMON
Abstract
History of international civil process has begun from the process of intuitive decision rules that would have solved the problem of resolving disputes involving foreigners at national level. Only later process of scientific and doctrinal justification worded its existence and fixed on the level of international treaties. Formation of international civil procedure in the article traced from the ancient Egypt to Europe of XX century. Authors also pay attention to the regional aspects of the penetration and establishment of norms of international civil procedure in legal systems, which became the basis of modern Russian legal system. From the time of Russian legislation over Pskov Sudebnik («Judicial Charter») to the adoption of the Hague Conventions and the role of Russian jurists in the establishment of the system of the International Civil Procedure. Formation of international civil procedure is a constant movement of individual cases where the norms and rules of court are in the system of casual standards. Trade between nations made the first impetus to the formation of a system of general rules of overview civil disputes with a foreign participants. The main starting point in the formation of modern international civil procedure authors indicate in the period in Modern times when the separation of Europe and isolation from each other not only in public but also in private relations - procedural issues need to be addressed at the level of interstate relations. And the question that prompted the European Community to the development of rules in the field of civil litigation - was the question of enforcement of foreign judgments. Initiative to convene an international conference to codify some of the issues of private international law in the process belongs to Italy where Professor Mancini played a prominent role. Russian jurists N.P. Ivanov (graduate of the Kazan Imperial University in 1864) in his thesis "Foundations of private international jurisdiction “singled out a section in which laid the foundation for understanding the place of procedural problems in private international law”. In the conclusion of the article authors find solutions to issues in the norms and rules of civil procedure throughout the development of law in the world and in Russia particularly.
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