CHARACTERISATION

• Lex Causea- Law that governs the dispute

• Lex Situs- Law of the place where the property is situated
• Lex Celebrationis- Place where marriage is performed
• Propositus- Person from whom lineage or ansectary is drawn
• Testator- One who makes the will
• Lex Fori- Law of the Forum
• A court cannot decide on the appropriate lex causea unless it applies a rule of conflict of
laws applied in the country and as these rules differ depending on the natureof the
problem before the court, it has to decide, first what the problem which it has to
resolve. This process is called characteristaion

• This is a 3 step process

• i. characterization of the relevant issue;
• ii. Selection of a rule of conflict of laws ;
• iii. Identification of the system of law which is tied by that connecting factor to that
issue;
• Rules of conflict of laws in India & England;
• Marriage- Capacity- Law of the Domicile & Validity- Lex Celebrationis

• Property- Movabale- Domicile, Immovable- Lex Situs

•.
• If A, a girl of 17 years gets married with B who is 20 years old both
being domiciled in England but the Girl is from India while the Boy is
from Italy and their marriage was ceremonies in Germany. Then what
would be law applicable to VALIDITY & capacity of the marriage?
• The validity of the marriage shall be determined by the laws of
Germany and the capacity of Girl & the boy shall be governed by the
laws of England.
• If A, a citizen of Canada has some immovable property in Dubai and a
movable car in Canada but A resides in India then what would be the
lex causa applicable if the case is filed in India regarding inheritance of
the property?
• Succession to immovable property shall be according to the law of
Dubai and succession to the movable property shall be according to
the laws of India.
• In Re Maldonaldo, a woman domiciled in Spain died leaving movables in
England. She had no heirs. The question infront of court OF England was
which country would inherit the property?
• The court decided that Spain would inherit the property as in Spain
this is regarded as law of succession.
• In Cohn v Cohn the court had to determine the succession to the
movables in England of a woman who was domiciled in Germany. She the
propositus and another German woman younger than her were killed in
an air raid in England in circumstances in which it was not possible to
determine who died first. The propositus had under her will left her
movables to the German woman provided she survived her. A case
regarding succession was filed in England by the heirs of the German
woman.

• In English law the presumption was that in such cases the younger
person dies later while in German law the presumption was that both
died simultaneously. In English law this fell under procedural law while in
German law it fell under law of succession. What would be the fate of the
case?
• The court decided to apply the laws of Germany as in Germany this
was regarded as the law of succession and applying that law it was
decided that the property won’t go to the heirs of the German
woman.
• OGDEN v. OGDEN
• H1- Citizen & Domicile of France
• W1- Domicile of England
• H1 & W1 got married in England. H1 was 17 years old. As per laws of
England marriage above 16 was valid. As per laws of France marriage
below 18 not valid and parent consent needed.
• Case was filed in French court.
• H1 then married W2 (Citizen & Domicile of France) in France.
• W1 filed a case of divorce against H1 in England.
• W1 then married H2 in England.
• The validity of the marriage was challenged in England.