The question of qualification (also characterization or classification) in the international private law is a question of allocating legal issues to categories used in the conflict rules. The problem arises when different qualifications from different legal systems can be used. The court must then decide whether it will qualify the issue using domestic law, foreign law or use another qualification. There are different theories and each has its advantages and disadvantages.
The master’s thesis first deals with these theories. Qualification by lex fori, qualification by lex causae, qualification on the basis of the comparative law, multiple-stage qualification and qualification on the basis of the function of legal rules are presented. There is no final answer to the question which of the theories should be used. In Slovenian legal order, there is also no formal rule regarding qualification. However, the courts still have to make a decision. The law of the European Union and international treaties must also be taken into account.
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