Nature and Scope

Of
Private international Law

Asst. Prof. Jiya Matharani

Introduction
The presence of foreign element in the case raise
the number of issues
To impart the justice application of municipal in
such cases is unreasonable.
Therefore whenever there is conflict of law of
two different the the private international law
applies
Nature of Private International
law
Subject of the always includes the foreign
element
Foreign element means: any element to the
case has connection with the territorial unit
of the another country
 application of appropriate system of law
Scope of Private international
Law
 According to Frederic Harrison …..

….It starts up unexpectedly in any court and the midst of any process it
may be sprung Like a plain common law action in an administrative
proceeding in equity In divorce case, or a bankruptcy case , in a shipping
case, or a matter of criminal procedure… the most trivial action of debt ,
the most equitable claims, may be suddenly uninterrupted by the
appearance of a knot to be united only by the private international Law.
Subject matter of Private
International law
Subject matter
Rules relating to jurisdiction of Courts

Rules of Choice Law

Rules relating to the recognition and

enforcement of the foreign judgment and
decrees
 Rules relating to jurisdiction
of Courts
 Jurisdictional question are the first issues to be debated
before the courts of law.
 Procedural law of every country specify the nature of the
jurisdiction that can be exercised by the local courts.

In case where both the parties and all the elements of the case
are of the municipal laws than also court can not apply the
jurisdiction unless the service of summon could be made on
the defendant.
Contd.,
The jurisdictional question has a special significance in
private international Law.
 Jurisdictional question can be categorized under two
heads-

1. When a suit is filed before a court, does that court have

the jurisdiction to handle that matter .

2. In questions regarding the foreign judgment, does that

foreign court which delivered the judgment was a
competent jurisdiction court.
Choice of law
 The second question that arises is the choice of Law.

 Question related to

 Marriage divoce

 Immovable property and movable property

 Debt recovery

 Contract etc..
Recognition of foreign Judgment
 If the judgment is delivered by the competent foreign court
it will be accorded the recognition,
 Once court comes to an conclusion that the foreign
judgment is judgment of foreign occur it would not take in
to account the question whether the the foreign court made
a mistake or not .. But id the judgment is not of judgment
of competent court than even if the foreign court has
correctly followed the procedure and correctly determined
all the aspects of the case than the judgment will not have
enforcement and will not get the recognition also
Reason for application of foreign
laws
 To ensure the justice if court of law feels that the foreign
law is applicable and consequently apply it, then they do so
irrespective of the fact that whether the other country
reciprocate or not
 For the determination of rights of the parties

 demand of justice
Basis or Foundation of the rules of
Private International Law
 The basis or foundation of the rules of Private International
law is principally the “Need to do Justice”
 It would be injustice if Indian Courts applies only rules of
law force in India in the case there is a foreign character.
 The Foundation Principle are :-
 Equal
Convenience
Treatment

Interest of
Comity of
Justice,
Nation
Basis Sovereignty
Od Pvt.
Int. law
The Doctrine of Comity of
Nations
Comity means :
 The accepted rules of mutual conduct
between States, which each State adopts in
relation to other States and expects other
States to adopts in relation to it.
For Instance, Indian legislature recognizing
the rule of Comity occurs in section 11of
the foreign Marriages Act, 1969.
EQUAL TREATMENT
THE PRINCIPLE OF PRIVATE
INTERNATIONAL LAW is that a case
will be treated in the same way under
the appropriate law irrespective of the
fortuitous circumstances which often
determine the forum of decision.
Interest of Justice, sovereignty, and
societal needs
Graveson Pointed out: “Anything Lesser
than the basis of justice is not sufficient &
any thing greater than basis of justice is
not possible” .
For the sake of justice the court goes
beyond the sovereignty limits