Internal Assessment-1

Conflict of Laws

1. Characterization is the process of determining the legal nature of a particular situation or

problem. In this context, it is essential to ascertain how the movable assets left behind by Mr.
Protego should be treated under the legal systems of Italy, Spain, and the UK.

2. Choice of Law and Jurisdiction: Based on the information provided:

- In Italian private international law, the principle of lex patriae (law of the nationality) is
followed. This means that, for movable assets, Italian law would be applicable because Mr.
Protego is an Italian national.
- English private international law applies the lex domicile (law of the domicile). Since Mr.
Protego was domiciled in the UK, English law would govern movable assets.
- Spanish private international law considers the location of the property. Therefore, Spanish
law would be applicable to movable assets situated in Spain. The question of jurisdiction
depends on the specific rules in each country and the circumstances of the case, often favoring
the court in the deceased's domicile or where the property is located.

3. Single Renvoi and Double Renvoi:

- In a single renvoi scenario, the court applies foreign law but then refers back to its own law to
determine the consequences of applying that foreign law. It's akin to sending the legal issue to
another jurisdiction and then applying the rules of the referring jurisdiction again.
- In a double renvoi situation, the court receives a case, refers it to a foreign jurisdiction, and
then that foreign jurisdiction sends it back to the original jurisdiction. In this case, the concept of
renvoi may not be directly applicable because the legal systems involved have different
connecting factors (nationality, domicile, property location). However, if the concept of renvoi
were to be applied, it could complicate matters further as each jurisdiction might keep referring
the issue to the other, potentially creating a loop.

4. Remission and Transmission:

- Remission involves the foreign court sending the case back to the original court because the
foreign court is uncertain about how its own laws should apply. This typically occurs when the
foreign court is not confident in interpreting its own laws.
- Transmission refers to the foreign court accepting the case but then referring the parties to the
original court for a final decision. Whether remission or transmission can be applied in this case
depends on the rules and practices of the specific legal systems involved.

According to Spanish private international law, the choice of law for movables is the place where
the property is located. If Spain applies remission, it might refer to the laws of the UK (domicile)
or Italy (lex patriae). Transmission might transfer the decision to the UK or Italy. These
principles of characterisation, choice of law, single/double renvoi, remission, and transmission
are directly applicable in determining which jurisdiction's laws govern the distribution of Mr.
Protego's movable assets, significantly impacting the case's outcome. In summary, characterizing
the legal nature of Mr. Protego's movable assets is crucial, and the choice of applicable law and
jurisdiction varies depending on the specific legal systems involved. The concepts of single and
double renvoi may or may not apply, and the possibility of remission or transmission depends on
the legal rules and practices in play.