Foreign element as a conditio sine qua non for the application of the rules of private international law?

Abstract

The paper focuses on the analytical evaluation of the concept of the foreign element in the conflict of laws level, which Slovak law perceives as a necessity for the application of the norms of private international law. Pointing out the existing shortcomings of the current understanding, the paper has the ambition to offer an alternative to the concept, while specifically analysing the possibilities of involving only objectively given factors and the subjective factor (will of the participants to the legal relationship). The final part of the paper belongs directly to presentation of the offered solution and the definition of the alternative concept – conflict of laws.