《PRIVTE INTERNATIONAL LAW THE SOVIET APPROACH》

CHAPTER Ⅰ: THE SUBJECT AND SYSTEM OF INTERNATIONAL LAW1

1. The Concept of Private International Law1

2. The Content of Private International Law8

3. The Nature of the Rules of Private International Law and the Place of Private International Law in the System of Law15

4. The Seminal Principles of the Soviet Doctrine of Private International Law18

5. The System of Private International Law22

CHAPTER Ⅱ: THE SOURCES OF PRIVATE INTERNATIONAL LAW23

1. Types of Sources of Private International Law23

2. International Treaties24

3. Domestic Legislation35

4. Judicial and Arbitral Practice43

5. Custom44

CHAPTER Ⅲ: A SHORT REVIEW OF THE HISTORY OF THE DOCTRINE OF PRIVATE INTERNATIONAL LAW45

1. The Birth of the Doctrine of Private International Law45

2. Bourgeois Doctrine (XIX to Beginning of XX Century)46

3. Bourgeois Doctrines of the Period of Imperialism (XX Century)50

CHAPTER Ⅳ: GENERAL CONCEPTS OF PRIVATE INTERNATIONAL LAW55

1. Conflicts and Material Law Methods of Regulation55

2. The System of Conflicts Rules59

3. Questions of the Interpretation and Application of Conflicts Rules61

4. The Doctrine of Public Policy66

5. The Most-Favored-Nation Treatment and the National Regime68

6. Reciprocity and Retortion72

CHAPTER Ⅴ: THE CIVIL LAW STATUS OF FOREIGNERS77

1. The Status of Foreigners in Socialist and Capitalist States77

2. The Civil Law Capacity and Dispositive Capacity of Foreign Citizens in the USSR79

3. Civil Law Capacity of Soviet Citizens Abroad84

CHAPTER Ⅵ: THE LEGAL STATUS OF LEGAL PERSONS87

1. The Participation of Legal Persons in International Economic Relations and the Determination of Their State Affiliation87

2. Foreign Legal Persons in the USSR92

3. The Legal Status of Soviet Legal Persons Abroad95

4. Mixed Companies with the Participation of Soviet Organizations Abroad100

5. The Legal Status of International Economic Organizations in Countries-Members of the CMEA103

CHAPTER Ⅶ: THE LEGAL STATUS OF A STATE AS A PARTICIPANT IN CIVIL LAW RELATIONSHIPS107

1. The State as a Subject of Property Relations107

2. State Immunity and its Forms108

3. The Legal Regime of Civil Law Transactions Carried Out by a State114

CHAPTER Ⅷ: THE RIGHT OF PROPERTY117

1. Questions of Property in International Relations117

2. Conflicts Questions of Property119

3. The Application Abroad of Laws on Nationalization122

4. The Legal Regulation of Foreign Investments in Developing Countries130

5. The Legal Status of Property of the Soviet State and of Soviet Organizations Abroad133

CHAPTER Ⅸ: THE LAW OF OBLIGATIONS139

1. The Concept of a Foreign Trade Transaction. Conflicts Questions of Contracts139

2. The Form of a Contract142

3. The Application of the Law Concerning Questions of the Content of Transactions144

4. Material Law Rules as to Foreign Trade Purchase and Sale: The General Conditions of Delivery of CMEA147

5. The Material Law Norms of Foreign Trade Purchase and Sale; Uniform Laws; Standard Contracts; Trade Terms150

6. Compensation Agreements153

7. Contracts for Rendering Technical Assistance155

8. Contracts in the Field of Scientific-Technical Collaboration156

CHAPTER Ⅹ: OBLIGATIONS ARISING IN TORT159

1. The Infliction of Harm in the USSR159

2. The Infliction of Harm Abroad160

CHAPTER Ⅺ: COPYRIGHT LAW163

1. International Cultural Cooperation and International Protection of Authors' Rights163

2. Authors' Rights of Foreigners in the USSR165

3. The Protection and Use of the Works of Soviet Authors Abroad168

4. Multilateral Agreements in the Field of Copyright169

5. Agreements of the USSR with Other Socialist Countries on the Mutual Protection of Copyright174

CHAPTER Ⅻ: THE LAW OF INVENTIONS AND PATENTS175

1. International Scientific-Technical Cooperation and Foreign Patents of Inventions175

2. The Protection of the Rights of Foreigners to Inventions and Scientific Discoveries in the USSR177

3. The Patenting of Soviet Inventions Abroad180

4. Licenses for Inventions and "Know-How"182

5. The Right to a Trademark183

6. International Agreements for the Protection of Rights to Inventions, Industrial Designs, and Trademarks184

CHAPTER ⅩⅢ: FAMILY LAW189

1. Conflicts of Laws in the Field of Family Law189

2. The Conclusion of Marriage190

3. The Dissolution of Marriage195

4. Legal Relationships Between Spouses197

5. Legal Relationships Between Children and Parents198

6. Adoption200

7. Guardianship and Curatorship201

CHAPTER ⅩⅣ: THE LAW OF SUCCESSION203

1. Conflicts of Legislation in the Field of Inheritance203

2. The Right of Succession of Foreigners in the USSR204

3. The Right of Succession of Soviet Citizens Abroad207

CHAPTER ⅩⅤ: EMPLOYMENT RELATIONS211

1. Conflicts of Legislation in the Field of Employment Relations211

2. Labor Rights of Foreigners in the USSR212

3. Labor Rights of Soviet Citizens Abroad216

4. Social Benefits218

CHAPTER ⅩⅥ: THE JUDICIAL CONSIDERATION OF DISPUTES. NOTARIAL ACTS221

1. The Concept of International Civil Procedure221

2. Determining Jurisdiction and Prorogation Agreements222

3. The Right to Judicial Defense and the Civil Procedural Rights of Foreigners in the USSR224

4. The Procedural Position of a Foreign State226

5. The Execution of Letters Rogatory229

6. The Recognition and Enforcement of Judgments of Foreign Courts232

7. Notarial Acts236

8. Powers of Attorney237

CHAPTER ⅩⅦ: THE EXAMINATION OF DISPUTES IN ARBITRATION239

1. The Concept of Arbitration and Types of Arbitral Tribunals239

2. Hearing of Disputes in Arbitration in the Practice of Soviet Organizations242

3. Arbitral Consideration of Disputes Between Organizations of Countries-Members of CMEA248

4. The Recognition and Enforcement of Arbitration Awards249

SELECTED BIBLIOGRAPHY251

INDEX253