komparatiivisäännökset

Komparatiivisäännökset, or comparative provisions, are legal rules that compare the legal regulations of different countries or jurisdictions. They are primarily used in private international law, also known as conflict of laws. When a legal dispute involves elements from more than one country, such as parties residing in different nations or a contract signed in one country but performed in another, a court must determine which country's laws should apply. Komparatiivisäännökset provide the framework for making this determination.

These rules do not directly resolve the dispute itself. Instead, they serve as a preliminary step, guiding the court to identify the applicable law. For example, a komparatiivinen sääntö might state that contractual obligations are governed by the law of the country where the party obliged to perform a characteristic obligation has their habitual residence. Once the applicable law is identified through these comparative provisions, the court then applies the substantive rules of that chosen legal system to resolve the actual dispute. The goal is to ensure a predictable and consistent outcome in cross-border legal matters, preventing forum shopping and promoting legal certainty.