Discrepancies Arising out of the Russian-German Consular Convention of 1958

Abstract

Adjustment (Anpassung / Angleichung) is an institute of Private International Law which means non-application or modified application of substantive rules of applicable law. The method is mostly used in German scholarly writing and court practice. The need for adjustment is usually generated either by a lack of rules ‘Normenmangel’ or by an abundance of norms (Normenhäufung). It occurs if the conflict of law rules refer to the applicability of substantive law pertaining to two or even more legal orders which, when applied together, produce a result which is either contradictory or which is unintended by any of the applicable legal orders. The need for adjustment is deemed to be justified by the doctrine for grounds, such as the requirement for unity of legal order, the requirement for elimination of normative contradictions which are sometimes logically untenable, etc. The modern approach to the need for adjustment is depicted as accidental discrimination which contradicts the principle of equality before the law. By relying on provisions contained in the Russian-German Consular Convention of 1958, the author demonstrates that any method of adjustment violates the right to a fair trial and vested rights as well.