Comparative Jurisprudence and the Establishment of the Content of Foreign Law in the context of Modern Challenges

Abstract

In the context of globalization, regional integration of states, free trade, on the one hand, and on the other, in the context of modern challenges associated with various kinds of restrictions (sanctions, restrictions caused by the COVID-19 pandemic, etc.), with the development of technologies, more and more differences are manifested in the legal systems of different states. Comparative jurisprudence contributes to the processes of unification and harmonization, makes it possible to take into account foreign experience in rule-making activities, to achieve an understanding of the norms of foreign law, helps in establishing their content for subsequent law enforcement activities based on the norms of foreign law, in the case when conflict rules refer to foreign law when regulating private law relationships. The implementation of private law relations today has undergone a number of restrictions, but has been transformed taking into account the introduction of information technologies. The role of comparative jurisprudence in understanding the nature of the sources of law, their significance in the regulation of certain social relations is investigated. Some features of establishing the content of the norms of foreign law are analyzed. The paper focuses on the independent establishment of the content of the norms of foreign law by the court, as well as on the peculiarities of attracting experts for these purposes. Modern conditions for the development of information technologies, as well as various kinds of restrictions, serve as a kind of trigger for the development of the comparative legal method in law enforcement.