PRIVATE INTERNATIONAL LAW Introduction ternational law of conflict of laws comes into law Which eomes into ever the cout is faced with a claim that contains a foreign element ty foreign element, we mean a situation which makes it necessary for the court afer to or go to a foreign system of law in order to give a proper decision, itemational law directs the court to apply the relevant foreign rules of rules are at a variance to those of the lex forithe law of the Private although thes DEFINATION OF PRIVATE INTERNATIONAL LAW It refers to that part of law that is administered between private citizens of different countries or is concerned with the definition, regulation and enforcement of rights in situation where both the person in whose right inheres and the person con whom the obligation rests. CHESHIRE Its that part of law that comes into play when the issue before a court affects some facts, event or transaction that is so closely connected with a foreign system. of law BATY Itis the rules voluntarily chosen by a given state for the decision of cases which have a foreign complexion. PTANDON Private international is a body of principles determining questions as to Jurisdictions and questions as to the selection of appropriate law, in civil cases which present themselves for the decision before a court of one state or ountry,but which involves a foreign element, Thus when two Englishmen make a Contract in Portugal for the sale of goods ‘sted in Libson, Payment to be made in England, an English court wouldcecainly recognise and apply the Portuguese law as per the valid agreement. validity of the SCOPE OF PRIVATE INTERNATIONAL LAW Pavate intemational law is nota separate branch of lawin the same sense as law of contract or tort. Its all prevailing, ae is up unexpectedly in any court and in the midst of any process. It may be \in common law act in an administrative preceding ternational Iaw possess this equity not because in deals with one s always concerned with the following questions: on of English court ‘and enforcements of foreign judgements Bgl cas on UTILITY OF PRIVATE INTERNATIONAL LAW Private internation nnships. The discipline investigates core legal issues ria for resolving conflicts of law arising under contracts. Private international law plays a le to develop the of different states. It helps to understand various legal orders all over the world. By the proper recognition and enforcement of foreign judgement, Private sntemational law broadens the domain of legal arena. Private international law helps to develop international legislation and international law association, NATURE OF PRIVATE INTERNATIONAL LAW This law is an area of law that comes into play whenever a court is faced with & a foreign element. The presence of such a foreign element .s a number of questions and it is the function of private || Jaw. to provide an answer to this question and to ensure just ‘s concerned with all legal relationships between private entities and thus includes, for example family law and the law of contracts and obligations. ‘These law differs from country to country. question that contains in a legal matter raisesecond ‘of Forgo which was decided in the court of ef France in S63: 'S an illegitimate Bavarian national, was born with @ domicile in pavaria, but lived most of his life in France without ever acquiring @ under French law, He left movable property in France but clatves except for some remote collateral relatives of his mother. nese could not succeed him under French law, and under French [aw the property, being ownerless, would go to the French state. Under savarian law they could succeed. The French court would determine the question by apslying Bavarian law but the state argued that the avarian courts would apply French law, and the French courts should do otherwise. Total and Double Renvoi Countries like Spain, England, and France follow double renvoi. For instance, let's consider the accompanying case whereby 2 deceased benefactor, an Irish national, residing in Spain, however, domiciled in Italy, died and left some immovable property in France. France, being the law of the gathering (where the advantages are arranged) will analyze the law of the person who died. Spanish law watches the law of the deceased nationality which is Italy. Italy, as a ward that just works a solitary renvoi framework, won't acknowledge the Double Renvol and almost certainly, right now will apply Italian law. Re Annesley case Facts ‘An English woman was domiciled in France for 58 years at the time of her death. According to the principles of English law, she was domiciled in England, Before her death, she made a where the will was valid as per the English law, but it was as per the French law because she did not leave 2/3rd of her estate to the children, According to the French law 2/3rdpvr shes FoR U6 What is private international IW? 1a law is that part of English law which is faced witha claim that contains fo that private international law Private internations ‘whenever the court when this element is present perform. Tthas three main objects: 1. twpreseribe the conditions under whieh the cour is ssuch a claim. s > todetermine for each class of case the particular munic ust bby reference to which the right m ‘Unification of private int ial aE b to Eros,ws which regulated the ion is not very poor, but nt, Am attempt was also in the long run because igion, the upbringing fe Law (UNIDROTT) looks body which is established in xd harmonize private (especially) rivate International Law\y 02} 93] 2 law sets out "connecting categories" by 1d capacity of persons is governed by tions. Countries frequently differ on the question of what immovable” and "movable" property, on the meaning of orm,” substance,” "procedure," and in their definition of "arious other terms upon which the application of foreign laws depend. ‘The problem of characterization must be distinguished from a similar problem which is the incidental or preli ‘question,3 where in @ case involving private international law, there is not only one main question