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    Private International Law

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    Aseem
    Project on private international containing provisions regarding jurisdiction contained in Civil Procedure Code

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    Private International Law

    Uploaded by

    Aseem
    20 views2 pages
    Project on private international containing provisions regarding jurisdiction contained in Civil Procedure Code

    Copyright

    © © All Rights Reserved

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    DOCX, PDF, TXT or read online from Scribd

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    Project on private international containing provisions regarding jurisdiction contained in Civil Procedure Code

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    20 views2 pages

    Private International Law

    Uploaded by

    Aseem
    Project on private international containing provisions regarding jurisdiction contained in Civil Procedure Code

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Private international law is the body of principles, rules, and at times, policies that

    indicate how a foreign element in a legal problem or dispute should be dealt with
    -Mortensen 2008
    Introduction
    Private International Law is the legal framework composed of conventions, protocols, model laws,
    legal guides, uniform documents, case law, practice and custom, as well as other documents and
    instruments, which regulate relationships between individuals in an international context.

    The common law has traditionally classified multi-state cases as giving rise
    to one or more of three different issues:
    1. Jurisdiction
    Whether the local court, or forum, has the power to hear and
    determine the case, or whether the contacts the case has with another
    state or country limit or otherwise restrain the forum courts power or
    willingness to decide the case
    2. Recognition and enforcement of foreign judgments
    Where the case has proceeded to judgment in the other state or
    country, whether that judgment can be recognised or enforced in the
    forum
    3. Choice of law
    Even if the forum court has, and will, exercise the jurisdiction to decide
    the case, whether it will decide the case in accordance with the law of
    the forum (lex fori ), or in accordance with the law of the other state or
    country
    Is the forum or foreign law to be the law of the cause (lex causae)
    that disposes of the case, and how does the forum court choose one or
    the other?
    This question is naturally only important if application of the forums
    law is likely to give a different result to the application of the foreign
    law -that is, where there is a conflict of laws

    Relevant

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