![Why PIL …
• question of jurisdiction arises [court of each
country may claim jurisdiction]
• laws of each involved country my applicable,
situation of conflict of laws may emerge;
• question about recognizing foreign judgment
may arises;
• in such situations, rules need to be in place to
resolve them, is called Private International Law](https://image.slidesharecdn.com/1-240925153746-8ba9cecc/85/1-Meaning-Nature-and-Scope-of-Private-International-Law-pdf-6-320.jpg)
1. Meaning Nature and Scope of Private International Law.pdf
- 1. Meaning, Nature and Scope of Private International Law
- 2. 1. Meaning of Private International Law • Private international law is part of law which comes into play when the issue before the court affects some facts, events or transaction that is so closely connected with a foreign system of law as to necessitate recourse to that system. • the moment case is seen to be affected by a foreign element, the court must look beyond its own internal law • foreign element means: foreign subjects, foreign objects, and foreign acts,
- 3. 2. Nature of Private Int'l Law • branch of municipal law • applicable at the time when cases tried before a municipal court of law • applicable only in a case having foreign elements • also called 'Conflicts of Laws' in various countries
- 4. 2. Nature … • as internal laws of various countries vary, there may be differences in the private international law rules • is not a body of rule to bridge the gape between differences in laws in various countries
- 5. 3. Why need Private Int'l Law • social values of each country is reflected in its legal system; • diversity in culture, religion and other social practices result diversity in legal system from country to country; • legal situation and events cannot always be confined within a boarder of a country, e.g. marriage;
- 6. Why PIL … • question of jurisdiction arises [court of each country may claim jurisdiction] • laws of each involved country my applicable, situation of conflict of laws may emerge; • question about recognizing foreign judgment may arises; • in such situations, rules need to be in place to resolve them, is called Private International Law
- 7. 4. Scope of Private International Law 1. Jurisdiction: When a case having foreign element comes to a municipal court for trail the court should determine first if they have jurisdiction on it. 2. Choice of Law: When the court decide having jurisdiction on the case, then should determine if it will adjudicate the case entirely under municipal law or take appropriate foreign law. 3. Recognition and enforcement of foreign judgment: If question of recognizing foreign judgment emerge, the private international law should determine circumstances when foreign judgment and decree are recognized
- 8. Limitation Once the conflict of laws situation is addressed by the court, the role of Private International law will end. Then the court will decide the case by using general course of law.
- 9. Differences Between Private and Public International Law Subject Matter Actor Source of Law State Position Effect of Law Subject of Dispute Judicial Administration Jurisdiction of a Court Public international Law Sovereign states International treaties, Customs Sovereign Permanent Politics, state's economy, criminal matters International Court International Private International Law Individuals or private parties national laws & international treaties Sovereignty doesn't matters Temporary Private business, relation, property National Court Domestic