Conflict of laws (or private international law) is a set of procedural rules that determines which legal system and which jurisdiction apply to a given dispute. The rules typically apply when a legal dispute has a "foreign" element such as a contract agreed to by parties located in different countries, although the "foreign" element also exists in multi-jurisdictional countries such as the United Kingdom, the United States, Australia and Canada.
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
Read more about Conflict Of Laws: Terminology, History, The Stages in A Conflict Case, Choice of Law Rules, Conflict of Law Rules in Matrimonial Cases, Conflict of Law Rules in Unmarried Cases, Pre-dispute Provisions, The Status of Foreign Law, Harmonization
Famous quotes containing the words conflict of, conflict and/or laws:
“Another danger is imminent: A contested result. And we have no such means for its decision as ought to be provided by law. This must be attended to hereafter.... If a contest comes now it may lead to a conflict of arms. I can only try to do my duty to my countrymen in that case. I shall let no personal ambition turn me from the path of duty. Bloodshed and civil war must be averted if possible. If forced to fight, I have no fears from lack of courage or firmness.”
—Rutherford Birchard Hayes (1822–1893)
“Children in home-school conflict situations often receive a double message from their parents: “The school is the hope for your future, listen, be good and learn” and “the school is your enemy. . . .” Children who receive the “school is the enemy” message often go after the enemy—act up, undermine the teacher, undermine the school program, or otherwise exercise their veto power.”
—James P. Comer (20th century)
“That man is a creature who needs order yet yearns for change is the creative contradiction at the heart of the laws which structure his conformity and define his deviancy.”
—Freda Adler (b. 1934)