NATIONAL EXPERIMENTAL UNIVERSITY

FROM THE WESTERN PLAINS

EZEQUIEL ZAMORA
VICE-RECTORAT OF PLANNING AND SOCIAL DEVELOPMENT
PROGRAM IN LEGAL AND POLITICAL SCIENCES
SUBPROGRAM LEGAL GUASDUALITO

SPECIAL AND TEMPORAL SCOPE OF THE LAW

PRIVATE INTERNATIONAL

Authors:

Victor Colmenares
V-. 11,977,504
Francisco Marín
V- 18,375,912
Pérez Ángel
V- 10.060.758
Ramírez Pedro José
V- 12,196,970

Subject: Private International Law

Professor: Abg. Zuli Tirado

Fourth Year of Law

night shift

Guasdualito, March 2023

 INDEX

P.p

INTRODUCTION

SPATIAL DIMENSION OF PRIVATE INTERNATIONAL LAW,

ACTIVE AND PASSIVE SPATIAL SCOPE..................................5

TEMPORAL DIMENSION OF PRIVATE INTERNATIONAL LAW

ACTIVE AND PASSIVE TEMPORAL SCOPE...................................5

SOURCES OF PRIVATE INTERNATIONAL LAW...............................6

THE TREATIES AND INTERNAL LEGISLATION…………………………………..7

PRIVATE INTERNATIONAL LAW……………………………...8

CONCLUSIONS.................................................................10

BIBLIOGRAPHIC REFERENCES..............................................................11
 INTRODUCTION

Like all phenomena, the methodological revolution left marks on this.

branch of Law. Denying its influence is to not know the essence of Law
of collision at the dawn of the 21st century. Of criticisms, confusions, analyses
more or less objective, a new Private International Law emerges,
classic in its essence, but equipped with all the elements to turn it
into an instrument with social function and dimension that frees itself from the

shadows of its rigid past and seeks bold directions. In its foundations
a legal branch reappears that incorporates values into the regulation
of external traffic, without completely separating from its classical roots, but
tending to fulfill its substantive function to achieve the purpose of the law:
the equitable solution of each case.
Likewise, seek the necessary balance between the equitable solution
the specific case and legal certainty is the fundamental objective of
Private International Law in the 21st Century. The Modern Codification
internal and international matters have gradually filled the gaps of
classical conflict method, one example is the Law of International Law
Venezuelan private sector, despite considering different solution procedures
regarding the issues related to the applicable law, it leans towards a position
predominantly conflictual. This justifies the extensive treatment given to
the so-called problems of application of the conflict norm, which are
they essentially regulate in articles 1 to 10.
That is why the topic to be addressed regarding the spatial realm and
the temporal aspect of private international law is important, given that
it allows to know the limits in which the referred law is developed and the context
from the scope. Addressing this topic leads to developing the part
active and passive in the spatial and temporal scope of the law, in this sense the
active and passive spatial scope is related to the way in which the
authorities in Venezuela depending on whether they apply the law inside or
outside the state through the consulates or does it apply to how many cases

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arrive and that it is within Venezuela's jurisdiction, for this it must be taken into account

it counts the temporal scope of the law, that is, when it comes into effect and
when it ends its validity, which puts us in context when and which law
apply. In another context, it is noted that the sources of law
private international arises from the initial use of agreements
international treaties signed by the Republic, the internal law of each state, the
jurisprudence and doctrines.
In this regard, the Law is adapting to the new trends of
conflictual neoclassical method that the Venezuelan system embraces, and its philosophy
respond to the conviction that in the conflictual procedure it has to
to uphold the achievement of substantial justice over formal justice, that is,
justice of the case and not of the system. The legislation offers a series of
elements that provide the search for the law that will allow a
impartial solution, especially the general institutions included in the
legal statutes.

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 SPATIAL DIMENSION OF PRIVATE INTERNATIONAL LAW,
ACTIVE AND PASSIVE SPATIAL SCOPE.

Spatial Dimension
In a generic sense, the spatial scope of validity of a norm
legal, refers to the portion of space in which a legal provision is
applicable, that is, to the portion of land, space-territory where
be able to apply a certain law, in other words, where it will have effect
legal.

Active Spatial Field

The norms of Private International Law are applied by the
Venezuelan authorities inside and outside the country (to the extent that they act

officially elsewhere like diplomats). They are applied, by

Venezuelan authorities, judges, administrative officials,
writers, among others, of the Republic, apply these laws inside and outside
of the country by diplomatic officials when a connecting factor occurs.

Passive Spatial Scope

Private International Law applies to how many cases
they arrive at the knowledge of competent Venezuelan authorities. This
norm on the passive spatial scope of Private International Law
it has the nature of customary law; and they apply it only in
courts and administrative authorities.

TEMPORAL DIMENSION OF PRIVATE INTERNATIONAL LAW

TEMPORAL SCOPE ACTIVE AND PASSIVE

Temporal Dimension of Private International Law

It refers to time in this sense; there are two cases, to know
When does the validity of a set of rules begin and when does it end?
Private International Law and when cases should have been carried out

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so that a specific set of legal norms is applicable to them
private international.

Active Temporal Scope

The conventional international jusprivatist norms enter into
vigor and cease in their validity by virtue of the general rules; in this
in this sense, the entry into force occurs with the ratification of the treaty, as long as
the termination with resignation or by the lapse of the established time in the
Agreement. They come into effect after their publication, and from the day that
determine, in case they do not designate a day, after the eighth day of their
publication. The law may indicate its date of cessation; otherwise, only it
will happen if the law is repealed.

Passive Temporal Scope

Two hypotheses fit: it may be that the case remains, and the rule
of Private International Law changed; and it may occur, conversely, that
the regulations remain unchanged, while the case wanders from
one another. In this place, only the first assumption is addressed. The second is
known by the misleading name of "Statute Change Problem", and
it is related to the connection points.

SOURCES OF PRIVATE INTERNATIONAL LAW

The term 'sources' (in general) refers to human manifestation,
creative activity of law, legislation, custom, jurisprudence, doctrine, etc.
They are sources of private international law: Law, Treaties, Customs and
International Customs, International Jurisprudence, Activity
Collective Scientific, Collective Scientific Institutions. They are the means to
through which International Law is manifested, is where
the international legal norm is born. The sources of International Law
Private are the following:
a) The internal legislation of the States

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b) International treaties
c) The provisions of international organizations
d) The jurisprudence
e) The doctrine.
On the other hand, Article 38 of the Statute of the International Court of
Justice indicates the sources of mandatory application for its rulings.
what are: treaties, customs, general principles of law, decisions
judicial and doctrine.

THE TREATIES AND INTERNAL LEGISLATION

Branch of public law that regulates matters related to treaties
international. Article 153 of the CRBV 1999. "The Republic may subscribe
international treaties that combine and coordinate efforts to promote
the common development of our nations, and that ensure the well-being of the
towns and the collective security of their inhabitants. For these purposes, the
The Republic may assign to supranational organizations, through
treaties, the exercise of the necessary competencies to carry out these
integration processes (…) The rules adopted within the framework of the
integration agreements will be considered an integral part of the
current legal regulations in force and of direct and preferential application to

the internal legislation.

International treaties in Venezuela are valid when they are
subscribed and ratified by the State; in this way it becomes law for the
Nation. Once subscribed and ratified, they move to the pyramid of
Kelsen, equal to the Constitution of the Bolivarian Republic of Venezuela;
but it is worth noting that it has supraconstitutional rank when it makes
mention of the Protection of Human Rights, which is above the
This happens in exceptional cases, due to the Constitution
it emphasizes in a wide and complete manner the safeguard for protection
of Human Rights in the National Legislative System. Among the

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treaties, agreements and accords that are currently in force in our
the following countries can be mentioned:
Nagoya-Kuala Lumpur Protocol 10/10/2018
Nagoya Protocol 10/10/2018
Paris Agreement 07/21/2017
Treaty on Plant Genetic Resources 05/17/2005
Stockholm Convention 04/19/2005
Rotterdam Convention 04/19/2005
Kyoto Protocol 02/18/2005
Cartagena Protocol 05/13/2002
UNCCD 29/06/1998
Basel Agreement 03/03/1998
UNFCCC 28/12/1994
CDB 09/13/1994
Montreal Protocol 06/02/1989
Vienna Convention 01/09/1988
Cites 24/10/1977

PRIVATE INTERNATIONAL LAW

Private international law has long been the instrument
that regulates the relationships between companies, facilitating the movement of
people and the exchange of goods and services, fostering integration and
combating cross-border illicit activities. In the field
Venezuelan, the Law of Private International Law, is the one that regulates the
assumed facts related to foreign legal systems,
it is made up of 64 articles and XII Chapters, which are the
I General Provisions, II Domicile, III Of the People, IV Of
the Family, V Of the goods, VI Of the Obligations, VII Of the Successions,
VIII Of the Forms and Evidence of Acts, IX Of Jurisdiction and the

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Competence, X Of the Effectiveness of Foreign Judgments, XI Of the
Procedure, XII Final Provisions

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 CONCLUSIONS

The value judgment in Private International Law allows for the establishment of
whether a solution is fair or not, if it responds to the interests at hand, fact
the interpreter of the law must pay attention to the tools that it offers him
its own legal framework with the aim of preventing possible
injustices derived from the normal functioning of its conflict rules. Such
tools are, the qualification, the incidental question, the adaptation and the
legally valid situations, from the moment they can
to assist the judge in disregarding the right declared applicable by the rule
of conflict.
It is necessary to clarify that the DIPR can only have a material function, when

just like any other branch of law, which consists of providing a

materially fair response to the conflicts of interest that arise
in private legal relationships that are differentiated by presenting a
element of foreign affairs. This evolution of our discipline in which its end
primordial is the equitable solution of the specific case, has allowed that the
traditional general institutions acquire the character of 'evaluative',
thus contributing to the achievement of that goal.
Finally, in the context of private international law to
moment to determine the use of the referred law subject to study must
to take into account where and when it will be used or the scope of application, is
to state the territory, as well as the entry into force of it,
highlighting both the source that gave rise to it and agreements
ratified international ones, the internal law itself, jurisprudence among others.

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 BIBLIOGRAPHIC REFERENCES

The norm of Private International Law, Central University of

Venezuela, Faculty of Legal and Political Sciences, Series of
Thesis No. 2, Italgrágica S.A, Caracas, 2004.

The Relations between Contractual Civil Liability and the

Extracontractual in Venezuelan Private International Law,
Central University of Venezuela, Faculty of Legal Sciences and
Policies, Series of Promotion Works No. 10, Gráficas 320 Publishing
León C.A., Caracas, 2007

Unable to access external links.

International/[Link]

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