The ascertainment of foreign law constitutes one of the fundamental procedural issues in disputes involving an international element in which the law of a foreign state must be applied. It represents a specific procedural challenge that goes beyond the mere technical task of obtaining information on a foreign legal system and raises essential questions concerning the legal nature of foreign law, the allocation of the burden of its ascertainment, and the procedural consequences where its content is not adequately determined. The manner in which a legal system addresses these issues directly affects the efficiency of proceedings, legal certainty, and the effective exercise of the right to judicial protection in cross-border disputes.
The master’s thesis analyses the legal nature of foreign law and the implications of its classification for the procedural position of the court and the parties, in particular with regard to the allocation of the burden of its ascertainment and the methods employed. It further examines various mechanisms for the ascertainment of foreign law, including the use of foreign law expert, institutional forms of support, and possibilities for international cooperation. Special emphasis is placed on the Slovenian regulation and its positioning within a comparative legal context. On the basis of an analysis of the normative framework, case law, and legal doctrine, the thesis critically evaluates existing solutions and outlines possible directions for their further development with a view to ensuring effective access to foreign law and strengthening legal certainty.
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