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Important Issues Which Arise On Application of Private International Law

This document discusses two important issues that arise in private international law cases: determining the procedural law and substantive law. Procedural law governs the court's procedures, while substantive law deals with legal relationships between individuals and states. The document provides an example case where a British national died in Italy, requiring the court to determine which procedural and substantive laws applied regarding succession of his property in England. While procedural law follows the domestic law, choosing the applicable substantive law is paramount to achieving justice. The document also notes that private international law can be a complex subject, and unification of these laws across countries has long been believed possible due to shared legal principles and policy goals.

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38 views

Important Issues Which Arise On Application of Private International Law

This document discusses two important issues that arise in private international law cases: determining the procedural law and substantive law. Procedural law governs the court's procedures, while substantive law deals with legal relationships between individuals and states. The document provides an example case where a British national died in Italy, requiring the court to determine which procedural and substantive laws applied regarding succession of his property in England. While procedural law follows the domestic law, choosing the applicable substantive law is paramount to achieving justice. The document also notes that private international law can be a complex subject, and unification of these laws across countries has long been believed possible due to shared legal principles and policy goals.

Uploaded by

one
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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Important Issues Which Arise on Application of Private International Law

Whenever any foreign element is present in a case and Private International Law is
applied to solve the dispute two main issues arise. First, is the determination of the
Procedural Law and the second issue is to determine the Substantive Law.
Procedural Laws are those laws which govern the procedure of the court in civil,
criminal and administrative matters. The Procedural Law ensures that the due
process of the law is being followed.
Substantive law is that law which deals with the legal relationship between
different individuals of the state, or between individuals of the state and the state
itself. Hence, it can be said that Substantive laws explain the rights and duties of
the people, and Procedural Law lays down the procedure to enforce such rights
andThe judicial pronouncement in the case of Re Annesley. can be cited here. The
facts of the cases are that a British National domiciled in Italy. This British
National had some moveable property in England. He died without a will and a
question arose regarding the succession of the property. When the case came to the
Court, the Court had to decide the matter of Procedural and Substantive Law to be
followed.
With respect to Procedural Law, the domestic law is followed. So the issue remains
limited to the question of Substantive Law, and choosing of Substantive Law
remains paramount to achieve the ends of justice.
Justice Cardozo, the distinguished American Judge, has opined that this conflict of
laws is one of the most baffling subjects of legal science. He also observed that
when confronted with the application of Private International Law, many Judges
find themselves lost
Unification of Private International Law
From a long time, it was believed that law of different countries could unite.
According to Ernst Zitelmann, since legal formalities are more or less common all
across the globe, and policy goals are share, laws of every country end up
converging at the end.

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