Private int law,Characteristics of Pil,basic of pil,Distinction between pil and public international la

1. Razulaw.wordpress.com

2.  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.

3. 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 and
ii. 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,

4.  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

5.  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

6. Comity
Convenience
Justice

7. ▪ Choice of jurisdiction
▪ Choice of law
▪ Recognition and enforcement of foreign
judgment

8.  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.

9.  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.

10.  By unification of internal laws
 By unification of Private International Laws

11.  StatutoryTheory
 The international theory
 The territorial theory
 Local lawTheory
 Theory of justice