head of the Department of civil law of foreign countries of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences 34,

No abstract

Globalization of international economic relations directly depends on the level of information technologies’ development. At present the development of information law has created favourable conditions for interpenetration of the rules of foreign law. This penetration is called diffusion in law. The article investigates the aspect of interpenetration of legal ideas and decisions through contracts concluded by participants in civil law relations. In business relations’ practice, parties frequently borrow not only legal language, but also legal structures from foreign contract forms. In case of a conflict situation there arises a problem of interpretation of th elegal formula which the parties have imported from a foreign law and copied in their contractual relations. Traditional approach assumes that a court, when interpreting contractual provisions, even imported from a foreign law, follows its law, i.e. lex fori. Development of international relations demonstrates imperfection of such approach, since such approach does not allow identifying the parties’ true intentions while concluding the contract. Development of international relations, amplification of economic relations results in the fact that the parties increasingly use international structures in their practice. For example, UNIDROIT Principles, to which the parties may refer in their contracts. But other states also use the UNIDROIT Principles and include them into their most recent codification. In such a way there appears “grass-root diffusion”, i.e. through the development of private contractions relations.

No abstract

The article is devoted to the problem of finding the methodology of science and scientific activity. The history of science includes natural scientific and humanitarian research. The theory and philosophy of law suggest that it is useful to turn to experience that of three periods in the evolution of science: to the periods of classical, non-classical and post-non-classical rationality. The authors show that the beginning of each of the periods is associated with international legal events or documents, which affect evolution and humanity in general. An international agreement or other document becomes a milestone paradigm shifts under the influence of the scientific revolution. The impact of documents on the unification of law is especially strong. how shown in the article, sources of international public and international private law, comparative jurisprudence contain elements of the methodology of science and scientific research, corresponding to the requirements of the present.