Summary

How do we understand the term “foreign law” used in the General Part of the Civil Code Act in force and in the Private International Law Act passed on 27 March 2002? Does foreign law mean the national legislation of a foreign country only or does it also cover its conflict of laws rules? Answers to these questions are relevant for practising lawyers who are concerned with the application of foreign law in their everyday work. The used terms and their definitions are being changed as a result of the passage of the Private International Law Act. Some of the concepts introduced in the General Part of the Civil Code Act (e.g. foreign element) are no longer to be found in the Private International Law Act. Although the discrepancies between the two Acts are theoretical in nature, they have also practical implications.
The author examines the theoretical bases for foreign law and the definition of foreign law in the Estonian law. In addition, the author explains the principles of application of foreign law as prescribed in the General Part of the Civil Code Act and in the Private International Law Act.