Some elements of the legal personality of an individual in private international law

Abstract

This article is devoted to the study of the elements of the legal personality of an individual in private international law, the problems and features of conflict of laws regulation are identified and its characteristics in Russian private international law are given. The conducted research made it possible to identify a number of problems of conflict regulation, in particular, the use of different terminology in states regarding the same legal phenomenon, different understanding, interpretation and qualification of concepts. Such problems are inevitable due to the existence of different legal systems. It is possible to overcome this with the help of conflict-of-laws regulation, however, it does not solve all the issues and discrepancies that arise. The conflict of laws regulation of the legal personality of individuals differs in the following characteristic features: the legal personality of an individual is determined by his personal law; there are two rules of personal law – the law of citizenship and the law of residence, the law of citizenship is applied as a general rule, the law of residence regulates the legal personality of those persons in respect of whom it is difficult to find out with a certain degree of certainty the legal connection with the state on the basis of citizenship; when determining the procedure and grounds for limiting legal capacity recognizing a citizen as unfit or incapacitated, Russian law is applied, i.e. the legislator uses unilateral conflict of laws rules.