Summary

The article is a commentary on Part V of the Act on General Principles of the Civil Code. In the commentary to Chapter 10 "General Provisions" of Part V the author explains the essence and some general notions of private international law (conflict of laws). The notions of foreign element, conflict norms, country, public order (ordre public), renvoi, interpretation of foreign law etc. are discussed on the basis of the Act.

Chapter 11 of the Act is divided into subchapters "Persons" and "Transactions". The term used in the Act "foreign person" includes natural persons and legal persons. As a general rule the personal law which determines the legal status of a natural person in Estonia is the law of his/her domicile (lex domicilii). But the legal capacity for doing transactions in Estonia is determined by Estonian legislation. The legal status of a legal person is governed by the law of the country of its governing body; in case the main activities of the legal person are carried out in the country other than this, the country, where the main activities are performed, shall determine the status of the legal person.

The new Act establishes different rules on the content of a transaction and on the law applied to the form of the transaction. As regards the content of a transaction, the Act proceeds from the principle of the autonomy of will of the parties, but in case the parties do not agree on the law to be applied, the law of the place where (lex loci solutions) the transaction is performed, shall apply. If the parties have not agreed on the form of the transaction within the bounds of the possibilities established by law, the law of the country where the transaction has been concluded (lex loci actum) shall apply.

In the commentary on "Family Law", Chapter 12 of the Act, mostly norms of concluding and divorcing a marriage, are discussed. As repards the form of concluding a marriage, the law of the country where the marriage is concluded (lex loci celebrationis) shall apply.

The provisions of Chapter 13 of this Act, "Law of Estate", is commented on, next. According to the general rule, established in regard of the Law of Estate, the law of the country where the property is situated (lex rei sitae) shall apply as to immovables and movables.

The Act on the General Principles of the Civil Code includes only the main collision norms in law on inheritance (Chapter 14). This Act regulates law applicable to inheritance of immovables and movables as well as some issues concerning testaments.

The commentaries on Chapter 15 dwell on provisions concerning some forms of contracts, representation, tort, just enrichment, contracts concluded between the consumers and the seller, and causing damage to a consumer. As regards unfair competition, the law of the country where the damage was caused shall apply, whereas unjust enrichment is governed by the law of the country where the enrichment took place.