SOURCES OF CONFLICT OF LAWS

SOURCES OF CONFLICT OF LAWS - INTRODUCTION TO CONFLICT OF...

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INTRODUCTION TO CONFLICT OF LAWS _LESSON 1 THE NOTION OF PRIVATE INTERNATIONAL LAW Every legal order in the world has its own rules relating to matters of private law. Private law is concern with legal relationships between private entities which includes, family law (marriage, divorce guardianship relationship between parents and children,), the law of contracts (property both immovable and movable, business etc), company law. Tort and obligations. It also includes mechanisms for co-operation and exchange of information between governments and courts in different countries, where these are designed to support mutual recognition of each other's laws and judgments. Some Private International Law is made by the EU, and this is a growing area of work. Some come from other international organizations such as the Hague Conference and the Council of Europe.” “Private international law consists of the rules of law which govern legal relationships of private law nature These laws differ from country to country. People interact by way of business transactions, marriage, education,and even working abroad. This is the reason behind international private law. Private international law is the area of law that comes into play whenever a court is faced with a question that contains a foreign element, or foreign connection. A mere presence of such a foreign element in a legal matter raises a number of questions. It is the function of private international law to provide an answer to those questions and ensure just solution.
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The definition of conflict of laws is explained by Lord Nichols of Birkenhead. According to him, “Conflict of Laws jurisprudence is concerned essentially with the just disposal of proceedings having a foreign element. The jurisprudence is founded on the recognition that in proceedings having connections with more than one country an issue brought before a court in one country may be more appropriately decided by reference to the laws of another country even though those laws are different from the law of the forum court.” NAME Three different names are generally used interchangeably, although none of them is wholly accurate or properly descriptive. The name of the course as “conflict of laws “may be misleading because the objective of the law is to remove the conflict created two or more branches of law. The name appears as if it is provoking conflict. It is a name that was given to it by A.V.DICEY when he published the first treatise, on the rules and its principles in 1896 and it was accepted as such. The name is private international law which is in common use in Europe. it is concern with the relations between private individuals and corporation though also with the relations between states and governments so far as their relationships with other entities are governed by municipal law, example is a government which contracts with individuals and corporations by raising a loan from them.
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