Conflict of laws is a set of procedural rules that determines which legal system and which jurisdiction's applies to a given dispute.
The term conflict of laws itself originates from situations where the ultimate outcome of a legal dispute depended upon which law applied, and the common law courts manner of resolving the conflict between those laws. In civil law, lawyers and legal scholars refer to conflict of laws as private international law. Private international law has no real connection with public international law, and is instead a feature of local law which varies from country to country.
The three branches of conflict of laws are
- Jurisdiction – whether the forum court has the power to resolve the dispute at hand
- Choice of law – the law which is being applied to resolve the dispute
- Foreign judgments – the ability to recognize and enforce a judgment from an external forum within the jurisdiction of the adjudicating forum.
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Famous quotes containing the words conflict and/or laws:
“Every man is in a state of conflict, owing to his attempt to reconcile himself and his relationship with life to his conception of harmony. This conflict makes his soul a battlefield, where the forces that wish this reconciliation fight those that do not and reject the alternative solutions they offer. Works of art are attempts to fight out this conflict in the imaginative world.”
—Rebecca West (1892–1983)
“Here lies the preacher, judge, and poet, Peter
Who broke the laws of God, and man and metre.”
—Francis Jeffrey (1773–1850)