Definition of Private

International Law
 Professor Bealae
 “Conflict of Laws is the branch of law dealing primarily with the application of
law in different jurisdiction. A conflict of law occurs not beacuse of reason of
diversities of laws in different states which they apply to any particular case
involving foreign element but only when each state seeks to subject that case in
accordance with its own strict international laws.”

 Cheshire
 “Private International Law is that part of Law which comes to play when the issue before
the court affects some fact, event or transaction that is so closely connected with a foreign
system of law as to necessitate recourse to that system”.

 Thomas Baty
 “Rules voluntarily chosen by a given state for the decision of cases which have a foreign
complexion”
 Ronald Hary Graveson
 “PIL deals with cases in which some relevant fact has a geographical connection
with a foreign country and may, on that ground, raise a question as to the
application of English or to the appropriate foreign law to the determination of
the issues or as to the exercise of jurisdiction of English or foreign courts.”
 Name of the Subject
 In United Kingdom the name of the subject was “Private International Law”
 Later in United States the name of the subject became Conflict of Laws
 Both names are not proper and hence the name of the subject more accurately
should be Choice of Law.
 Situations
 An English Company agrees to buy computer software from a New York company
who manufactures them in Spain. The software which is to be delivered to the
English company’s office in Rome falls short of expectation;

 The carrier is an Italian company. In the course a transit through Italy, the truck
containing the software collides with a Car driven by a Greek. The driver is
injured. From whom and which court will he claim compensation?

 An English girl of 15 yrs marries an Iranian man in Iran. Their son is born in
England. What is the validity of the marriage?

 A person of British Nationality having some property in Italy and some in England
dies in Italy and makes a will. Which country’s law will govern the will?
 Some important terms
 Lex loci contractus- place where contract was enetered
 Lex loci solutionis- place where contract is to be performed
 Lex loci celebrationis- place where marriage took place
 Lex loci deliciti- place where tort is committed
 Lex domicilii- place where person is domiciled
 Lex patriae- law of nationality
 Lex situs- law of the place where property situated
 Lex fori- law of the forum