preview

Private International Law Essay

Decent Essays

Nature and scope of private international law
Private international law is a set of procedural rules which determines which legal system, law of' which jurisdiction, applies when legal dispute has a "foreign element", such as contract agreed by parties located in different countries.
It is a branch of English law known as the 'conflict of laws'. By a foreign element is meant simply a contact with some system of law other than English law, it has three main objects:
Firstly, to prescribe the conditions under which the court is competent to entertain such a claim.
Secondly, to determine for each class of case the particular municipal system of law by. reference to which the rights of the parties must be ascertained.
Thirdly, to specify …show more content…

Mohammedans and Hindus in India. In the former case the law is said to be territorial, applying to all persons normally resident in the state. If the state forms part of a federation, judicial and legislative powers will usually be divided between the two political areas of constituent state and federal nation.
In the latter case, in which within a single territorial unit different Systems of law govern' different classes of citizens in respect of the such as marriage, divorce, succession, the law (within the limited field) is personal, applying only to persons of definite class, such persons are governed in many respects by their personal religious law. The personal religious law of oriental countries transcend national or territorial legal frontiers, for it is based on the identity of law and religion in certain fields, most notably in family law and succession. Its counterpart in Western systems is the so-called personal law of an individual, which in broadly similar fields subjects him to the law of the country of his domicile or, in some civil law systems, of his nationality. Personal religious laws of this kind, while common in the East, rarely raise

Get Access