IMPROVING THE LEGAL REGULATION OF OBLIGATION RELATIONS IN INTERNATIONAL PRIVATE LAW

Abstract

This article considers issues related to the need for the development and adoption of a separate code of Private International Law for the Republic of Uzbekistan, with the aim of regulating international private legal relations. It is proposed to include a dedicated chapter on “Obligatory Law” in the Code, which would cover the regulation of both contractual and non-contractual relations. An analysis of the legal acts of foreign countries in the field of Private International Law has been conducted. Based on this analysis, proposals and recommendations for improving the legislation of the Republic of Uzbekistan have been developed. Particular attention is paid to recommendations on the exclusion from the Civil Code of the Republic of Uzbekistan of the mandatory written form requirement for foreign economic transactions, which in turn will allow to conclude transactions through electronic means of communication and the use of artificial intelligence. Of course, except for cases requiring mandatory state or notarial registration. It is proposed to supplement the Code with provisions that determine the applicable law in cases where the parties have not made an explicit choice. In particular, this applies to various types of foreign economic transactions, such as guarantee contracts, distribution contracts, agency contracts, escrow contracts, factoring, and forfeiting, as well as contracts concluded within the framework of Internet auctions, Internet contests or Internet exchanges and contracts involving consumers. The necessity of determining the scope of the law applicable to obligations arising from the infliction of harm as well as expanding the definition of the applicable law arising from various obligations arising from the infliction of harm is substantiated.