Introduction to Private International Law (PIL)

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What does it mean?

Conflict of laws or Private international law (both terms are used interchangeably) concerns relations across different legal jurisdictions between persons, and sometimes also companies, corporations and other legal entities. Private International Law or conflict of laws is that part of the law of a State which comes into operation whenever there is a dispute before a court which contains a foreign element.

Choice of laws

Courts faced with a choice of law issue have a two-stage process:i. the court will apply the law of the forum

(lex fori) to all procedural matters andii. it counts the factors that connect or link the

legal issues to the laws of potentially relevant states and applies the laws that have the greatest connection,

Example

the law of nationality (lex patriae) or domicile (lex domicilii) will define legal status and capacity

the law of the state in which land is situated (lex situs) will be applied to determine all questions of title

the law of the place where a transaction physically takes place or of the occurrence that have arisen to the litigation (lex loci actus)will often be the controlling law selected when the matter is substantive, but the proper law has become a more common choice

Characteristics of PIL

This is the part of the domestic law of the state

It is applied when the dispute before a court contains a foreign element

PIL is essentially a system of indicating choice

It does not lead to any final decision

Basis of PIL

ComityConvenienceJustice

Basic Principles of PIL

▪ Choice of jurisdiction▪ Choice of law▪ Recognition and enforcement of foreign

judgment

Distinction Between PIL and Public International Law

PIL is the part of the law of the state,but Public Int. Law is the law which is recognized by different state internationally.

PIL of one country may differ from another country,but Public Int. Law is same in different countries.

PIL is the domestic law of one country,on the other hand Public Int. Law is in its very nature universal.

PIL comes into operation whenever there is a dispute before a court which contains a foreign element,but Public Int. Law comes into operation to solve the international disputes between the states.

PIL does not give any solution, but Public Int. Law gives solution.

Unification of Private International Law

By unification of internal laws By unification of Private International Laws

Modern theory of Unification Statutory Theory The international theory The territorial theory Local law Theory Theory of justice

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