Distinguishing Conflict of Laws Rules and Legal Norms
According to the provisions of the Civil Code 2015, conflict norms and legal norms have the following differences:
| Criteria | Conflict Norms | Legal Norms |
| Definition | Conflict norms are provisions that designate which country's laws need to be applied to resolve civil relations with foreign elements in a specific situation. These are characteristic provisions of international private law | Legal norms are general rules that are normative and mandatory for all organizations and individuals involved and are issued by a competent state authority. |
| Structure of norms | Includes scope and governing law: + Scope part is the part that specifies which type of civil relations with foreign elements this conflict norm applies to: marriage, inheritance, contracts... + Governing law part is the part that specifies which country's laws are applied to resolve the legal relations mentioned in the scope part. |
+ Hypothesis: This is a part of the legal norm that outlines the circumstances and conditions that may occur in life, to which the individual or organization in such circumstances or conditions must adhere to the legal norm. + Prescription: This is the part that specifies the behavior that the organization or individual in the given circumstances or conditions mentioned in the hypothesis part of the legal norm is allowed or required to perform. + Sanction: This is the part that outlines the measures that the state envisages to ensure that the law is strictly enforced. |
| Classification of norms | - In terms of technique of norm construction: Unilateral conflict norms: These norms specify that a particular civil relation only applies the laws of a specific country. Bilateral conflict norms: These are norms that propose general principles for competent judicial authorities to choose which country's laws to apply to adjust corresponding relations. - Based on the source, conflict norms are divided into unified conflict norms and domestic conflict norms. |
- According to the objects and methods of adjustment, they can be classified into: criminal legal norms, civil legal norms, administrative legal norms, ... - Based on the content, they can be classified into substantive legal norms, procedural legal norms, protective legal norms. - Based on the manner of presentation, they can be classified into mandatory legal norms, prohibitive legal norms, permissive legal norms. |
The above is content distinguishing conflict norms and legal norms. For further information on this issue, you can refer to the Civil Code 2015.
Respectfully!
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