Some features of the application of the norms of international private law to civil relations to regulate obligations arising due to harm caused

International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 1 Some features of the application of the norms of international private law to civil relations to regulate obligations arising due to harm caused Burkhanova Leila Mariusovna candidate of legal studies, Professor Department "Civil Law" Tashkent State Legal University Annotation: The article discusses some of the features of legal regulation of obligations that arise due to harm caused by the so-called delicate commitments in international private law. These features are reviewed on the basis of the norms of the Civil Code of the Republic of Uzbekistan, articles of the Model Civil Code of the CIS member states, provisions of the Agreement on the procedure for resolving disputes related to the implementation of economic activities adopted in Kiev on March 20, 1992, as well as the Convention on Legal Assistance and Legal Assistance Relations for civil, family and criminal cases adopted in Minsk on January 20, 1993. The article formulated proposals for improving the norms of civil law of the Republic of Uzbekistan in the field of regulatory regulation, which arise due to harm, and which are complicated by the participation of the foreign element. Keywords: obligations as a result of causing harm, tort obligations, foreign element, conflict of laws, honor, merits of a citizen, reputation of a legal entity, harmful consequences, autonomy of the will of the parties when choosing the applicable law. The goal of the Republic of Uzbekistan is to build an open, democratic, constitutional state with a sustainably developing economy. In a constitutional democratic state, the highest value is placed on the individual, their interests, rights, and freedoms. The Action Strategy for Five Priority Development Areas of the Republic of Uzbekistan for 2017–2021 provides for ensuring the rule of law, as well as continuing to reform the judicial and legal system, which is aimed at guaranteeing reliable protection of the rights and freedoms of citizens, improving, among other things, civil legislation [1]. Practice shows that the development of modern information and communication technologies, international automobile, rail, and air transportation of both passengers and baggage, mass media, and the development and growth of both domestic and international tourism have increased the occurrence of certain situations associated with the emergence of obligations arising from International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 2 harm, as well as conflicts of law and order. For these reasons, the consideration of certain issues of legal regulation of obligations that arise as a result of harm, and which are complicated by the participation of a foreign element, become the object of both normative regulation and interpretation on the part of law enforcement practice, as well as study and research. Numerous conflict-of-law issues arise when regulating issues related to harm caused by a foreign element. These arise from certain actions, such as cross-border harm to the honor and dignity of an individual, the reputation of a legal entity, as well as harmful consequences caused by the import of defective products from other countries, and other similar situations. In such situations, the choice of applicable law is complicated by the fact that most legal systems in various countries limit or even deny the permissibility of a concept widely used in regulating contractual relations in the sphere of harm. This concept is the concept of the autonomy of the parties in choosing the applicable law. The Civil Code of the Republic of Uzbekistan contains a section on private international law (Section VI, Chapter 71) [2], which includes certain innovations in the field of conflict of laws regulation of civil law relations, which are complicated by a foreign element in the sphere of torts - this is Article 1194 "Obligations resulting from causing harm". However, the provisions of the Civil Code of the Republic of Uzbekistan contain only general rules that regulate obligations that arise as a result of causing harm. Unregulated conflict of laws issues are further interpreted both by doctrine and by law enforcement practice. Therefore, when studying the legislative material, as well as law enforcement practice, it is necessary to take into account that the Republic of Uzbekistan has not ratified two conventions that contain conflict of laws rules in the field of regulation of tort relations - these are the Hague Convention on the Law Applicable to Motor Vehicle Accidents, adopted in 1971 and the Hague Convention on the Law Applicable to Manufacturer's Liability, adopted in 1973. The constantly evolving international division of labor in all forms and the emergence and development of new forms of entrepreneurship complicate the localization of civil legal relations using traditional attachment formulas. An alternative to such "rigid" principles for determining the applicable law is reference to the law of the country with which the legal relationship is most closely connected. Less common is the principle of applying the law "most favorable" to one of the parties. This could be a principle such as favor laesi, applied to the injured party in a tortious relationship. However, new conflict-of-law issues also arise in connection with the expansion of the scope of no-fault civil liability, as well as the use of civil liability insurance, and the "increasing influence of the conflict-of-law principle of 'autonomy of the will of the parties'" [3]. These trends are reflected in the development of legislation in a number of countries, as well as in international contractual practice. Moreover, studies point to changes such as "the expansion of the number of 'flexible' conflict-of-law rules and the spread of autonomy of the will of the parties in the sphere of torts." International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 3 Currently, much attention in both doctrine and judicial practice is devoted not to the choice of applicable law, but to issues related to determining jurisdiction. Issues of subsequent enforcement of court decisions are also relevant. New trends in the development of private international law, along with the ongoing reform of private international law in the Republic of Uzbekistan, highlight the need to select and develop clear perspectives and guidelines for national law enforcement practice. This is particularly important in the area of regulating obligations arising from harm (i.e., tortious obligations) complicated by a foreign element. Currently, a certain phenomenon is being observed in this area: a certain "politicization" of rulemaking associated with the activities of certain international organizations, such as the Hague Conference, the Council of Europe, UNCITRAL, and UNIDROIT. There is also a trend toward increasing influence of international law on domestic legal institutions. At the same time, as some authors note [4], the pressure exerted during the discussion of those issues related to problems of international private law in pan-European structures is increasing, both from "pressure groups", such as consumer protection societies, insurance companies, and representatives of transnational corporations. The possibility of independent expression of the will of representatives of certain countries is also significantly reduced, and this is explained by the fact that many problems of international private law are not considered at the domestic level as vital. This leads to ignoring the possibility of the "right of veto" when it comes to the adoption of a particular document aimed at further unification and harmonization of international private law, including in and in the regulation of tortious obligations. The formation of a common market in the world has led to the creation of a system of uniform regulation of the choice of law in the area of contractual obligations. Extensive work is being carried out to harmonize conflict of laws regulation in the area of obligations arising from causing harm, that is, tortious obligations. This is explained by the fact that the regulation of the terms that define contractual obligations is quite important for the development of economic relations, including the successful development of commercial turnover. This is explained by the fact that tortious legal relations, first and foremost, often affect the interests of the least economically protected legal entities—individuals. Therefore, the consideration of the problems of regulating tortious relations in a market economy is acquiring social significance. Secondly, in the modern period, the economic component of the problem of tortious relations, complicated by a foreign element, is rapidly increasing. Therefore, due to the development of international trade, as well as the cross-border provision of services, cases of cross-border harm arising from defects in goods, work, or services arise. Thirdly, in the modern period, the world is faced with man-made disasters of an unprecedented scale, the economic and social consequences of which on an international scale can be unprecedented. This circumstance also has a certain impact on the demand for research on issues related to the regulation of obligations arising from harm complicated by a foreign International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 4 element. The similarity of conflict-of-laws regulation of obligations arising from causing harm in most countries of the Commonwealth of Independent States is explained by the fact that many of them have chosen to use Section VII "International Private Law" of the Model Civil Code for the CIS Member States as a recommendatory act for the CIS countries, adopted on February 17, 1996 by the Interparliamentary Assembly of Member Nations of the CIS [5]. Nevertheless, conflict-of-laws regulation of tortious obligations in some CIS countries has a number of peculiarities. In the Republic of Uzbekistan, general provisions on causing harm are regulated by the norms of Chapter 57 of the Civil Code, which contains the concepts of harm caused to the life and health of a citizen; due to defects in goods, works and services; as well as compensation for moral damage. Obligations resulting from causing harm with the participation of a foreign element are regulated by the norms of the Civil Code of the Republic of Uzbekistan - Chapter 71 "Conflict of Laws" § 6 "Non-contractual obligations". However, the provisions directly related to the regulation of tort relations are defined in Article 1194 of the Civil Code of the Republic of Uzbekistan "Obligations resulting from harm", which stipulates that the rights and obligations under obligations arising from harm are determined by the law of the country where the action or other circumstance that served as the basis for the claim for compensation for harm took place [2]. These provisions of Article 1194 of the Civil Code, formulated as a general conflict of laws rule on the choice of law that is applicable to tort obligations complicated by a foreign element, and which corresponds to the wellknown and widely used conflict of laws principle lex loci delicti commissi - a reference to the law of the place where the tort was committed. In accordance with the legislation, the place of the tort is considered to be the place where the harmful act was committed by the harm-doer. Depending on the specific circumstances of the case, the place of action or other circumstance that serves as the basis for a claim for compensation for damages is understood to mean the location of the injured party at the time the damage occurred, if the damage was caused to the person of the injured party, or the location of their property at the time the damage occurred, if the damage was caused to property. The provisions of Article 1194 of the Civil Code of the Republic of Uzbekistan also extend to the definition of the law that governs compensation not only for property damage caused to an individual but also for moral damages. This article, by implication, covers cases of compensation for causal damages not only by the party causing the damage but also by certain other persons. This means that the emergence of an obligation as a result of damages does not always depend on the commission of an offense by the debtor. One possible exception is Article 988 of the Civil Code of the Republic of Uzbekistan, which allows the court to impose the obligation to compensate for damages caused in a state of extreme necessity on the person in whose interests the party causing the damages acted. In accordance with the provisions of the civil legislation of the Republic of International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 5 Uzbekistan, tortious obligations are governed by the conflict of laws principle (lege lex loci delicti commissi), that is, by the law of the country where the action or other fact that served as the basis for the claim for compensation for damages occurred. Rights and obligations under obligations arising from damage caused abroad, if the parties are citizens or legal entities of the same state, are determined by the law of that state. This provision is based on the principle of combining the interests of the tortfeasor and the injured party. This exception to the general rule of Part 1 of Article 1194 of the Civil Code of the Republic of Uzbekistan is established for cases where both the injured party and the tortfeasor are citizens of the same country or have their place of residence in the same country. In such a case, the tortious obligation is subject to the law of that country [2]. Foreign law does not apply if the action or other circumstance that served as the basis for the claim for compensation for damages is not illegal under the laws of the Republic of Uzbekistan. Issues arising from tortious obligations are reflected in international treaties to which the Republic of Uzbekistan has acceded. For example, Article 4 of the Agreement on the Procedure for Resolving Disputes Related to Economic Activities (Kyiv, March 20, 1992) stipulates that the competent court of a CIS member state has the right to consider the disputes referred to in Article 1 of this Agreement if the action or other circumstance that served as the basis for the claim for compensation for damages occurred in the territory of the CIS member state [6]. Similar provisions are also provided for in the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases (Minsk, 20 January 1993) [7], Article 42 of which provides the following rules on compensation for damage: 1. Obligations to compensate for damage, except for those arising from contracts and other lawful acts, shall be determined by the legislation of the Contracting Party in whose territory the action or other circumstance that served as the basis for the claim for compensation for damage took place; 2. If the tortfeasor and the victim are citizens of the same Contracting State, the legislation of that Contracting State shall apply; 3. In the cases referred to in paragraphs 1 and 2 of this article, the court of the Contracting State in whose territory the action or other circumstance that served as the basis for the claim for compensation for damage took place shall have jurisdiction. The injured party may also file a claim in the court of the Contracting State where the defendant resides. Having examined the legal regulation of obligations arising from harm caused abroad under the civil legislation of the Republic of Uzbekistan, it can be concluded that, at the legislative level, the Civil Code of the Republic of Uzbekistan takes into account the main international trends in the development and structure of modern conflict of laws, which regulates tortious obligations involving a foreign element. Legal regulation of obligations arising from harm caused by a foreign element in the legislation of CIS International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 6 countries is based on national legislation and the use of conflict of laws principles governing tortious relations. Although non-contractual obligations related to harm caused abroad are regulated by national legislation, I would like to offer some suggestions for improving the legislation regulating obligations arising from harm caused by a foreign element. Firstly, given that a significant portion of the issues arising in connection with determining the statute of a tortious obligation are subject to specific interpretation, as well as amendments to existing national legislation, the European Union Regulation on the law applicable to non-contractual obligations can provide significant assistance in this regard. In particular, it seems appropriate to adopt a primary link to the law of the place where the harmful result occurs; the use of party autonomy in choosing the statute of a tortious obligation is consistent with the modern development of private international law. Secondly, it seems appropriate and timely to expand the parties' freedom of will in the area of tortious obligations by allowing them to choose not only the law of the forum but also other laws related to the legal relationship. In some cases, it is possible to grant the parties the freedom to choose the law before the actual harm has been caused. The conflict of laws rules in the area under study, as stipulated by current international treaties to which the Republic of Uzbekistan is a party, including the provisions of the 1992 Kyiv Agreement of the CIS Member States, do not correspond to the current stage of development of private international law. The national legislation of the Republic of Uzbekistan and other CIS member states is more modern and more closely reflects progressive trends in the development of private international law. Therefore, amending the aforementioned treaties, taking into account the trends in reforming private international law in the Republic of Uzbekistan and other CIS countries, seems relevant. List of references 1. Appendix No. 1 to the Decree of the President of the Republic of Uzbekistan dated February 7, 2017 No. UP-4947 "Action Strategy for Five Priority Areas of Development of the Republic of Uzbekistan in 2017-2021." Collected Legislation of the Republic of Uzbekistan, 2017, No. 6, Article 70, No. 20, Article 354, No. 23, Article 448, No. 29, Article 683, Article 685, No. 34, Article 874, No. 37, Article 982; National Legislation Database, 16.10.2017, No. 06/17/5204/0114, 31.07.2018, No. 06/18/5483/1594; 11.12.2019, No. 06/19/5892/4134; 17.03.2021, No. 06/21/6188/0216, 01.05.2021, No. 06/21/6217/0409. 2. Civil Code of the Republic of Uzbekistan dated December 21, 1995, No. 163-1 [Electronic resource]:. – as amended. dated May 24, 2019 No. 03/19/542/317/ National database of legislation of the Republic of Uzbekistan (www.lex.uz). – Access mode: http://www.lex.uz/acts/111181. – Access date: 05.15.2021, No. 03/20/602/0052. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 7 3. Khalkaro khususiy ҳukukuk. Rahomonkulov H.R. va boshk. –T., Iqtisod va ҳukuk dunyosi. 2002. p.85-86. 4. Peter North, Private International Law: Change or Decay? Oxford University Press. International and Comparative Law Quarterly. Volume 50. part 3. July 2011. p. 504. 5. Model Civil Code for the Member States of the Commonwealth of Independent States. Kyiv, 1996. p. 1175. 6. Agreement "On the Procedure for Resolving Disputes Related to Economic Activities." Kyiv, March 20, 1992. https://www.lex.uz › docs. 7. Convention on Legal Assistance and Legal Relations in Civil, Family, and Criminal Cases (Minsk, January 20, 1993) https://www.lex.uz › docs.