Interpretation and limitation of the validity of a foreign law norm in private legal relations with a foreign element

Abstract

Every national legal system is grounded in the principle of state sovereignty, and, as a rule, only the law of that state applies within its territory. At the same time, there are exceptions in which the substantive private law of another country may be applied within a given state. This occurs through the operation of norms of private international law. Such situations necessitate the interpretation of the foreign legal rule prior to its application, in order to avoid potential negative consequences arising from the use of foreign law.

The interpretation of a foreign legal norm precedes its application and, in certain cases, may lead to its non-application. In these instances, the operation of the foreign legal rule may be restricted through mechanisms such as public order (public policy) and mandatory norms.