1. Meaning Nature and Scope of Private International Law.pdf

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1. Meaning, Nature and Scope of
Private International Law

2. 1. Meaning of Private International
Law
•Private international law is part of law which
comes into play when the issue before the court
affects some facts, events or transaction that is
so closely connected with a foreign system of
law as to necessitate recourse to that system.
•the moment case is seen to be affected by a
foreign element, the court must look beyond its
own internal law
•foreign element means: foreign subjects, foreign
objects, and foreign acts,

3. 2. Nature of Private Int'l Law
•branch of municipal law
•applicable at the time when cases tried
before a municipal court of law
•applicable only in a case having foreign
elements
•also called 'Conflicts of Laws' in various
countries

4. 2. Nature …
•as internal laws of various countries vary, there
may be differences in the private international
law rules
•is not a body of rule to bridge the gape between
differences in laws in various countries

5. 3. Why need Private Int'l Law
•social values of each country is reflected
in its legal system;
•diversity in culture, religion and other
social practices result diversity in legal
system from country to country;
•legal situation and events cannot always
be confined within a boarder of a country,
e.g. marriage;

6. Why PIL …
•question of jurisdiction arises [court of each
country may claim jurisdiction]
•laws of each involved country my applicable,
situation of conflict of laws may emerge;
•question about recognizing foreign judgment
may arises;
•in such situations, rules need to be in place to
resolve them, is called Private International Law

7. 4. Scope of Private International
Law
1.Jurisdiction: When a case having foreign element
comes to a municipal court for trail the court should
determine first if they have jurisdiction on it.
2.Choice of Law: When the court decide having
jurisdiction on the case, then should determine if it will
adjudicate the case entirely under municipal law or take
appropriate foreign law.
3.Recognition and enforcement of foreign judgment:
If question of recognizing foreign judgment emerge, the
private international law should determine
circumstances when foreign judgment and decree are
recognized

8. Limitation
Once the conflict of laws situation is
addressed by the court, the role of Private
International law will end. Then the court will
decide the case by using general course of
law.

9. Differences Between Private
and Public International Law
Subject Matter
Actor
Source of Law
State Position
Effect of Law
Subject of Dispute
Judicial Administration
Jurisdiction of a Court
Public international Law
Sovereign states
International treaties, Customs
Sovereign
Permanent
Politics, state's economy, criminal matters
International Court
International
Private International Law
Individuals or private parties
national laws & international treaties
Sovereignty doesn't matters
Temporary
Private business, relation, property
National Court
Domestic