konfliktiõigusnormid

Konfliktiõigusnormid, also known as choice of law rules, are provisions within a legal system that determine which jurisdiction's laws apply to a case that has connections to multiple legal systems. These norms are crucial in private international law to ensure legal certainty and avoid forum shopping, where parties might try to litigate in a jurisdiction whose laws are most favorable to them.

When a legal dispute involves parties or events spanning different countries, a conflict of laws arises. Konfliktiõigusnormid provide a framework to resolve this conflict. They typically do not decide the substantive issue of the dispute itself, but rather point to the applicable substantive law. For example, in a contract dispute between parties from different countries, conflict of law rules might direct the court to apply the law of the country where the contract was made, where it was performed, or the law chosen by the parties themselves.

The application of konfliktiõigusnormid can be complex. Different legal systems may have different conflict of law rules, which can lead to further complexities if the forum's rules point to a different jurisdiction than the jurisdiction indicated by the connecting factors. Common connecting factors used in these rules include the domicile of individuals, the seat of legal entities, the place of the event giving rise to the dispute, and the place of performance. The goal is to identify the legal system with the most significant connection to the dispute.