Private International Law: Conflict of Laws and Analogy in Legal Systems

Efficiency of Space Standards

Application of standards in space involves legislative diversity across states. This requires a range of principles and rules to determine jurisdiction when foreign law applies as national law. This is the subject of private international law.

The civil code sets out the principles for this branch of law, also called conflict rules. These rules solve problems where foreign law must be applied alongside national law.

The rules are based on two principles:

• Territorial Principle: Always applies the national law of the territory, even with foreign elements.
• Personal Principle: Applies the personal law of the subject, even if the event occurred in Spain and the subject is foreign.

Based on the personal principle, Spaniards living abroad are subject to Spanish law. Foreign residents in Spain are subject to the laws of their country.

When a Spanish conflict rule determines that the applicable law is the subject's personal law, foreign law must be applied. The detailed study of these problems is the discipline of private international law.

Alongside private international law problems, other issues regarding the application of rules can arise. These are collectively called interregional law.

Definition and Types of Analogy

Analogy involves applying the solution from a similar legal course to an unregulated course. This means using a specific legal rule to govern a similar, unregulated situation.

This method of using analogy is known as analogy legis. It fills a specific legal vacuum with another specific rule.

Analogy can also be used with greater complexity by applying general principles of law through a technique called analogy iuris.

The difference lies in their application: analogy iuris applies general principles of law, typically in the absence of specific law. Analogy legis applies existing law, which is a primary source of law in our legal system.