3. 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
4. DEFINITION OF PIL
• The Private International Law is that
part of the Law of every State which
deals with cases having a foreign
element.
5. 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
6. 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.
7. 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
8. 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
9. 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.
10. 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,
11. 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
12. Basis of PIL
• PIL are based on:
• Comity
• Convenience
• Justice
13. Basic principels of PIL
• Choice of jurisdiction
• Choice of law
• Recognition and enforcement of foreign
judgment
14. Elements
• Two elements are fundamental in order to
determine a private international social
relation: ‐
• Internationality ‐
• Horizontal relations
15. 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.
.
16. 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.
17. 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.
18. • 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.
