Conflict of Laws
Business Law Project
Topic: Conflict of Laws
Introduction: What is Conflict of Law?
Conflict of laws is that part of the law in each state, country, or other jurisdiction that determines whether, in dealing with a particular legal situation, its law or the law of some other jurisdiction will be applied.
An alternative term, widely used in Europe, is "private international law
May arise because of differences between the law of the country of nationality of a person and that in which that person may reside, or of which he may acquire nationality.
This Law comes into operation whenever the courts are faced with case involving one or more foreign elements
Public & Private International law
Public law is concerned with the rules that govern relations between sovereign States and consisting of customary and treaty rules which bind States in their interrelations.
Private law is designed to regulate disputes of a private nature. Conflict of laws is that part of municipal law which only comes into play when a dispute has a connection of some kind with one or more foreign legal systems.
Issues in Conflict laws
Is it appropriate forum to hear the case.
Difficult to ascertain which law governs the dispute in question.
How the judgments rendered by foreign courts can be recognized and/or enforced in own country
The bases of conflict of laws
There is no sacred principle that pervades all decisions but, when the circumstances indicate : - Internal law of a foreign country provides a solution more just, more convenient and more in accord with the expectations of the parties than the internal law of the country - The judge shall not hesitate to give effect to the foreign rules.
There are two main reasons for its application: - To serve the interests of the parties to the case and achieve justice - Comity
Should not be contrary to Public policy
Examples:
An example of a situation that might involve the different laws of two places is that of a contract signed
Topic: Conflict of Laws
Introduction: What is Conflict of Law?
Conflict of laws is that part of the law in each state, country, or other jurisdiction that determines whether, in dealing with a particular legal situation, its law or the law of some other jurisdiction will be applied.
An alternative term, widely used in Europe, is "private international law
May arise because of differences between the law of the country of nationality of a person and that in which that person may reside, or of which he may acquire nationality.
This Law comes into operation whenever the courts are faced with case involving one or more foreign elements
Public & Private International law
Public law is concerned with the rules that govern relations between sovereign States and consisting of customary and treaty rules which bind States in their interrelations.
Private law is designed to regulate disputes of a private nature. Conflict of laws is that part of municipal law which only comes into play when a dispute has a connection of some kind with one or more foreign legal systems.
Issues in Conflict laws
Is it appropriate forum to hear the case.
Difficult to ascertain which law governs the dispute in question.
How the judgments rendered by foreign courts can be recognized and/or enforced in own country
The bases of conflict of laws
There is no sacred principle that pervades all decisions but, when the circumstances indicate : - Internal law of a foreign country provides a solution more just, more convenient and more in accord with the expectations of the parties than the internal law of the country - The judge shall not hesitate to give effect to the foreign rules.
There are two main reasons for its application: - To serve the interests of the parties to the case and achieve justice - Comity
Should not be contrary to Public policy
Examples:
An example of a situation that might involve the different laws of two places is that of a contract signed
References: conflict of laws | Infoplease.com http://www.infoplease.com/encyclopedia/society/conflict-laws.html#ixzz34bme0KKZ http://moia.gov.in/services.aspx?ID1=69&id=m6&idp=59&mainid=23 http://conflictoflaws.uslegal.com/ http://conflictoflaws.uslegal.com/laws-applicable-to-contracts/