private international law

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“Private international law is the body of principles, rules, and at times, policies that indicate how a foreign element in a legal problem or dispute should be dealt with” -Mortensen 2008 Introduction Private International Law is the legal framework composed of conventions, protocols, model laws, legal guides, uniform documents, case law, practice and custom, as well as other documents and instruments, which regulate relationships between individuals in an international context. The common law has traditionally classified multi-state cases as giving rise to one or more of three different issues: 1. Jurisdiction Whether the local court, or ‘forum’, has the power to hear and determine the case, or whether the contacts the case has with another state or country limit or otherwise restrain the forum court’s power or willingness to decide the case 2. Recognition and enforcement of foreign judgments Where the case has proceeded to judgment in the other state or country, whether that judgment can be recognised or enforced in the forum 3. Choice of law Even if the forum court has, and will, exercise the jurisdiction to decide the case, whether it will decide the case in accordance with the law of the forum (lex fori ), or in accordance with the law of the other state or country Is the forum or foreign law to be ‘the law of the cause’ (lex causae) that disposes of the case, and how does the forum court choose one or the other? This question is naturally only important if application of the forum’s law is likely to give a different result to the application of the foreign law -that is, where there is ‘a conflict of laws’

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Project on private international containing provisions regarding jurisdiction contained in Civil Procedure Code

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Private international law is the body of principles, rules, and at times, policies that indicate how a foreign element in a legal problem ordispute should be dealt with-Mortensen 2008IntroductionPrivate International Lawis the legal framework composed of conventions, protocols, model laws, legal guides, uniform documents, case law, practice and custom, as well as other documents and instruments, which regulate relationships between individuals in an international context.The common law has traditionally classified multi-state cases as giving rise to one or more of three different issues:1. Jurisdiction Whether the local court, or forum, has the power to hear and determine the case, or whether the contacts the case has with another state or country limit or otherwise restrain the forum courts power or willingness to decide the case2. Recognition and enforcement of foreign judgments Where the case has proceeded to judgment in the other state or country, whether that judgment can be recognised or enforced in the forum3. Choice of law Even if the forum court has, and will, exercise the jurisdiction to decide the case, whether it will decide the case in accordance with the law of the forum (lex fori ), or in accordance with the law of the other state or country Is the forum or foreign law to be the law of the cause (lex causae) that disposes of the case, and how does the forum court choose one or the other? This question is naturally only important if application of the forums law is likely to give a different result to the application of the foreign law -that is, where there is a conflict of laws

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