The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
Transfer of movable property under Private international law is effected by the act of parties or by operation of law. And there are different theories governing transfer of tangible and intangible properties.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
Transfer of movable property under Private international law is effected by the act of parties or by operation of law. And there are different theories governing transfer of tangible and intangible properties.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Domicile of special categories and dependents in Private international lawcarolineelias239
Being a dependent, one cannot acquire his own domicile of choice in private international law. And the situations of persons like fugitives & refugees are different from other individuals. This slide particularly talks about domicile status of dependents, fugitives, refugees, etc.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
“Divorce In Private International Law”
With people's desire to seek higher living conditions, education, or work prospects expanding as a result of globalisation, the use of private international law in family conflicts is becoming more widespread. Private International Law, commonly known as 'Conflict of Laws,' is a set of laws, regulations, and ideas that deal with legal disputes between persons or constituents of two sovereign states, extending beyond national borders. When it comes to family disputes, Private International Law can be used in a variety of situations, including parental kidnapping, international child support concerns, cross-cultural marriage registration, dual citizenship issues, and matrimonial disputes like divorce or judicial separation.
Domicile of choice is the one an individual can acquire by his own choice. And to acquire such domicile proof of abandoning his origin domicile, mental intention to reside for a long term & habitual residence & physical presence etc. are inevitable.
Enforceability of foreign_judgments_and_foreign_awardsLegalServicesDelhi
With the advent of globalisation and with India poised as a major international and
global player in the world economy, it is apposite to consider the law concerning
enforcement of foreign judgments in India. In law, the enforcement of foreign
judgments is the recognition and enforcement rendered in another ("foreign")
jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral
treaties or understandings, or unilaterally without an express international
agreement. The "recognition" of a foreign judgment occurs when the court of one
country or jurisdiction accepts a judicial decision made by the courts of another
"foreign" country or jurisdiction, and issues a judgment in substantially identical
terms without rehearing the substance of the original lawsuit.
Private International Law and Crucial Role of Personal Connecting FactorsFadzliRohami1
Private International Law encompasses both conflicts of law and the unification of substantive law. The issues addressed cover a broad variety of legal concerns. They cover a wide range of subjects, such as child abduction, wills and trusts, sales contracts, negotiable instruments, the enforcement of foreign judgments and the taking of evidence abduction
International Torts, Choice of law, double actionability rule, lex loci delicti commissi, Phillip v. Eyre, Watchter v. Harlley, red Sea Insurers v. Bouygues SA and Others etc
Domicile is one of the important element in private international law. it is a decisive factor for choosing appropriate nations law which has more connection with the parties to the issue.
Domicile of choice is the one acquired by a person by his own choice. But it requires the elements like - habitual residence, intention to reside for long duration, and interest not to abandon it.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Domicile of special categories and dependents in Private international lawcarolineelias239
Being a dependent, one cannot acquire his own domicile of choice in private international law. And the situations of persons like fugitives & refugees are different from other individuals. This slide particularly talks about domicile status of dependents, fugitives, refugees, etc.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
“Divorce In Private International Law”
With people's desire to seek higher living conditions, education, or work prospects expanding as a result of globalisation, the use of private international law in family conflicts is becoming more widespread. Private International Law, commonly known as 'Conflict of Laws,' is a set of laws, regulations, and ideas that deal with legal disputes between persons or constituents of two sovereign states, extending beyond national borders. When it comes to family disputes, Private International Law can be used in a variety of situations, including parental kidnapping, international child support concerns, cross-cultural marriage registration, dual citizenship issues, and matrimonial disputes like divorce or judicial separation.
Domicile of choice is the one an individual can acquire by his own choice. And to acquire such domicile proof of abandoning his origin domicile, mental intention to reside for a long term & habitual residence & physical presence etc. are inevitable.
Enforceability of foreign_judgments_and_foreign_awardsLegalServicesDelhi
With the advent of globalisation and with India poised as a major international and
global player in the world economy, it is apposite to consider the law concerning
enforcement of foreign judgments in India. In law, the enforcement of foreign
judgments is the recognition and enforcement rendered in another ("foreign")
jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral
treaties or understandings, or unilaterally without an express international
agreement. The "recognition" of a foreign judgment occurs when the court of one
country or jurisdiction accepts a judicial decision made by the courts of another
"foreign" country or jurisdiction, and issues a judgment in substantially identical
terms without rehearing the substance of the original lawsuit.
Private International Law and Crucial Role of Personal Connecting FactorsFadzliRohami1
Private International Law encompasses both conflicts of law and the unification of substantive law. The issues addressed cover a broad variety of legal concerns. They cover a wide range of subjects, such as child abduction, wills and trusts, sales contracts, negotiable instruments, the enforcement of foreign judgments and the taking of evidence abduction
International Torts, Choice of law, double actionability rule, lex loci delicti commissi, Phillip v. Eyre, Watchter v. Harlley, red Sea Insurers v. Bouygues SA and Others etc
Domicile is one of the important element in private international law. it is a decisive factor for choosing appropriate nations law which has more connection with the parties to the issue.
Domicile of choice is the one acquired by a person by his own choice. But it requires the elements like - habitual residence, intention to reside for long duration, and interest not to abandon it.
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
Application of Doctrine of Renvoi by foreign courts under conflict of lawsanvithaav
Doctrine of Renvoi is one of the main principle under the application of Private International Law. When conflict of law arises before the foreign courts, the court will resolve the issues by applying the doctrine of renvoi.
Assignment on :Rule of the court of bangladesh regarding the jurisdiction in ...Asian Paint Bangladesh Ltd
Private International Law, Assignment On:Rule of the court of bangladesh regarding the jurisdiction in a case pertaining to foreign elements and enforcement of foreign judgment, SAYEF AMIN +8801924122222
Private international law provides both personal and proprietary immunities to the persons having sovereign status. Proprietary immunity is being provided to the properties in hand / authority of such persons having sovereign status. their property cannot be detained or destroyed when an action is brought against such persons in a foreign country.
Immunities as a special privilege is being provided under the private international law to persons having sovereign status, for not getting punished under a foreign law.
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
Definitions of Jurisprudence. Scope & Relationship with other social sciencescarolineelias239
this slide says about the definitions put forward by famous scholars, better meaning of jurisprudence, and how different social science subjects are inter connected with Jurisprudence.
It is important in private international law. Domicile of origin and its revival principal gives chance to a person have his domicle , when all of his choices has been abandoned/ lost.
This slides shows the important definitions of Trade union. And gives an idea about recognition and registration of trade union & the differences between them.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
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Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
2. NATURE AND SCOPE OF PRIVATE
INTERNATIONAL LAW
The usual cases that come for trial before Indian courts are those in
which cause of action arises in India, whose parties are Indians or
domiciled in India and the other elements of which are also of
domestic character. Occasionally, Indian courts are also seized of
cases having foreign elements, i.e. one or the other element of the suits
is connected with some foreign country.
For e.g. (i) an Indian court is called upon to try the question of
succession to the property of a person who died in India (domiciled in
India or abroad), or who has left movable and immovable properties
both in India and abroad, or (ii) to decide a petition of divorce
presented by an Indian domiciled in India who had married an English
woman in England, or (iii) to try a suit for breach of contract filed by a
New York domiciled plaintiff against a defendant domiciled in
England in respect of a defendant domiciled in England in respect of a
contract into in Paris for the supply of goods in India. It is evident that
all these cases have some foreign element.
N.B: Domicile: the country that a person treats as their permanent home,
or lives in and has a substantial connection with.
3. Sometimes, question arises in municipal court, about
recognition of a foreign judgement or enforcement of a
foreign decree.
For e.g. an Indian wife files a petition for maintenance
under Sec. 125 Cr.PC in an Indian court against her Indian
husband domiciled in New York. The husband takes the
plea that the marriage had already been dissolved by a
decree of a New York court and therefore the applicant’s
claim is not maintainable.
The question is whether the Indian court will recognize the
New York decree and give effect to it? In each such
instances the question before the court is whether an order
of the foreign court will be given effect to it in India, and if
given so, to what extent?
4. Thus in respect of cases having foreign element, a
domestic court may be called upon to determine
the following three questions:
1. In what circumstances the court will assume
jurisdiction over cases having foreign elements?
2. If the court assumes such jurisdiction, then
whether it will determine the case entirely under
the Indian law, or will it apply the appropriate
foreign law?
3. In what circumstances it will recognize a foreign
judgement or when it will order the execution of a
foreign decree?
5. About the name of the subject:
The doctrine of sovereignty imposes no obligation on municipal
courts to apply any other law. But practically every country of the
world decided cases having foreign elements with reference to
concerned foreign law judgements. But there is no uniformity, that
in what circumstances and in which cases foreign law is to be
applied or foreign judgements are to be given recognition.
For the branch of law, where conflicting factors arise in relation
to which part of a nation’s law is to be applied in a case which
have issues concerned with two-nations law, scholars of England
have named it as “Private International Law” – commonly used in
the continent of Europe. Later, in United States, the name adopted
was “Conflict of Laws”. But both these names are not accurate for
this branch of law, even though both are commonly used; perhaps
the most appropriate name would have been “Choice of Law”, as it
more aptly describes what a court does in cases with a foreign
element.
6. Because International law is a law between states which
is generally not enforceable in domestic matters.
And conflict of laws – may arise within the same
country if different units or parts of the country follow
different systems of law.
Again, there is no conflict of laws in deciding cases
with a foreign element; the rules merely assist a court in
choosing which law is to be applied to a given dispute.
i.e. why both terms are said to be inaccurate, and are
commonly used.
7. Issues that arise in the Conflict of Laws:
The rules of conflict of laws are not wholly separate branch of
law. They come up in most cases where there is a foreign
element, whether the dispute relates to a contract, a tort, or the
validity of a marriage or a will.
The American Judge, Cardozo J, has described conflict of laws
as “one of the most baffling subjects of legal science”.
The rules in Conflict of Laws involves three main questions:
1. Does Indian courts have jurisdiction?
2. Is there a foreign judgement on the point, and if there is, is
it to be recognized and enforced?
3. Which system of law is to be chosen?
N.B: - Baffling: impossible to understand; perplexing
8. Though it is generally said that the court is
applying a foreign law, that is not, strictly, accurate;
it is giving effect to a right or claim as recognized
in a particular foreign system of law; what it is
enforcing is the Indian rule of Conflict of Laws
under which such a claim or right is to be
recognized and applied.
9. Here are some illustrations:
In most countries, procedural law issues are decided by
the Lex fori; no question of applying the rules of a foreign
law will arise if the issue that arises is categorised by our
court as purely procedural. Again in most countries, foreign
penal and tax laws are not given effect to; so a court will not
go into the question of choosing a system of law if it
categorises the issue as involving a penal or revenue issue,
if it does, it may refuse to go into the question whether the
act is criminal under a foreign law, or a tax is due under a
foreign law.
N.B:- Lex fori: law of the land or law of the country were case
is brought before.
10. NEED FOR RULES OF CONFLICT OF LAWS
If domestic laws in different countries or jurisdictions were
the same, there would be no need to have rules of Conflict
of Laws. And even if the domestic laws differed, if there is
uniformity in different conflict of laws rules, some
problems such as ‘renvoi’ would not arise.
Solutions to this includes:
1. To adopt uniform rules of domestic law in fields which
are likely to raise disputes involving a foreign element.
For e.g. (i) Hague Rules on Carriage of Goods by Sea
(ii) Warsaw Convention on Carriage by Air
(iii) UNIDROIT (International Institute for the
Unification of Private International Law )
11. 2. Countries to adopt international conventions.
A few international conventions adopted and enacted by India
are as follows:
(a)Carriage of Goods by Sea Act 1925
(b)Carriage by Air Act 1972
(c)Arbitration and conciliation Act 1996
(d)UNICITRAL model Law on Arbitration
(e)Several Maritime Conventions
Reasons for recognition and application of foreign laws
includes: to avoid in injustice, for convenience, to determine the
rights of the parties, and to promote comity of nations.
The importance of Conflict of Laws is likely to increase in
India, because of:
(1)Growth of international trade and commerce
(2) More Indians are settling abroad
(3)Conflict in personal laws, and so on.
The principle source of conflict of laws are, the decisions of
courts, and as there are relatively few decisions of Indian courts,
it becomes necessary to consider decisions of foreign courts. And
our courts must take into consideration, our notions of substantial
justice and public policy.