Private international Law

in which i explain the information about Private international Law

1. What does its mean?  Conflict of laws or Private international law (both terms are used interchangeably) concerns relations across different legal jurisdictions between persons, and sometimes also companies, corporations and other legal entities . Private International Law or conflict of laws is that part of the law of a State which comes into operation whenever there is a dispute before a court which contains a foreign element

2. DEFINITION OF PIL The Private International Law is that part of the Law of every State which deals with cases having a foreign element.

3. Example the law of the place where a transaction physically takes place or of the occurrence that have arisen to the litigation ( lex loci actus )will often be the controlling law selected when the matter is substantive, but the proper law has become a more common choice

4.  NATURE & SCOPE Private international law /conflict of laws is that part of law which comes into operation whenever the court is faced with a dispute that involves an foreign element . Foreign element means any fact relevant to the issues involved in the proceedings which has a connection with a territorial unit other than the territorial unit where the court is dealing with the proceedings . Example of foreign elements: Parties may be citizens of a foreign country or domiciled in foreign country.

5. Subject of private international law Two main subjects of pil are: private law relations associated with foreign law or private law relations burdened with a foreign element 

6.  Private law relations property and associated non-property relations between private persons civil law relations family law relations labor-law relations land-law relations trade relations monetary relations 

7. Rules under Private International Law: If the court does not have jurisdiction it will not go into the matter . If there is a foreign judgement , it is for the court to decide whether it should be recognized & enforced . If it decides to recognize & enforce a foreign judgement .

8. 2 stages process Courts faced with a choice of law issue have a two-stage process: i . the court will apply the law of the forum ( lex fori ) to all procedural matters and ii. it counts the factors that connect or link the legal issues to the laws of potentially relevant states and applies the laws that have the greatest connection,

9. Characteristics of PIL This is the part of the domestic law of the state It is applied when the dispute before a court contains a foreign element PIL is essentially a system of indicating choice It does not lead to any final decision

10. Basis of PIL PIL are based on: Comity Convenience Justice

11. Basic principels of PIL  Choice of jurisdiction Choice of law Recognition and enforcement of foreign judgment

12. Elements Two elements are fundamental in order to determine a private international social relation: ‐ Internationality ‐ Horizontal relations

13. CASES: Internationality of PIL the law of the nationality is meaningless, the judge throws himself back on the domicile of origin & thus determined the rights of the parties by the legal system which is neither the national law nor the law of the domicile as required by the private internal law. So the judgment seems to be superfluous. .

14. CASES: Horizontal private relations this is a private international law social relation: Germany, through an public offer of contract, buys to an American Comp y an 20.000 of chairs as part of the Program of the Improvement of the Old People’s Houses in all the country. Germany suits the American company for breach of the contract.

15. Discussion between PIL AND Public IL PIL is the part of the law of the state, but Public Int. Law is the law which is recognized by different state internationally. PIL of one country may differ from another country, but Public Int. Law is same in different countries.

16.  PIL is the domestic law of one country, on the other hand Public Int. Law is in its very nature universal. PIL does not give any solution, but Public Int. Law gives solution.