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Understanding the Significance of Private International Law

Meaning and Definition of Private international law

Definition of private international law:

  1. According to Cheshire
    Private international law is that part of law which comes to play when the issue before the court affect some Fact, event or Transaction that is so closely connected with a foreign system of law as to necessitate Resources to that system.
  2. According to P. Tondon
    Private international law is body of principle determining question as to jurisdiction and question as to selection of appropriate law, In civil cases which present themselves for decision before a court of one state or country, but which involve a foreign Element.
  3. According to Baty
    Private international law is the rules voluntarily chosen by a given state for the decision of cases which have a foreign complexion.

Meaning of Private international law

  • Private international law is that part of law of every state which deals with the cases having a foreign Element.
  • Private international law or conflict of law is that part of law of state which comes into operation wherever there is dispute before a court which contains a foreign Element.
  • Private international law was introduced also as conflict of law. The term was coined by Ulrich Huber in his book De conflictu legum diversarum in diversis imperis in 1689.
  • Private international law is primarily based on national or local jurisdiction.
  • Legislation which addresses tie between Private entities generally involved in cross-border transactions is known as Private international law.
  • The reason behind Private international law is the existence in the world of a number of separate municipal systems of law.
  • American jurist Joseph Story coined the term Private international law in 1834.
  • The term Private international law was coined by Justice Story/John Story and was adopted by such famous authors as Westland and Foote.
  • Private international law is a branch of municipal law. Private international law is essentially a system of indicating choice, choice of jurisdiction, choice of law, recognition of foreign judgment.
  • Private international law deals with individuals.
  • Private international law is a part of municipal law.
  • Private international law determines the court which will have jurisdiction to decide the issue in question.
  • Private international law refers to that part of law that is administered between private citizens of different countries or is concerned with the definition, regulation, and enforcement of rights in situations where the rights inherent and the persons upon whom obligations rest are private citizens of different nations.
  • Private international law sets procedural rules relating to the substantive law applicable to the relationship between parties. It includes the proper venue for resolving their conflicts and the effect that a foreign judgment is to be issued.
  • Private international law primarily focuses on individual-to-individual and business-to-business ties.
  • Private international law or conflict of law is a part of the municipal law of each state like the law of contract, tort, divorce of marriage, land law relation, civil case of state, trade relation, family law matter, etc.
The need for private international law arises because different countries have different system of law. Every country makes laws regarding marriage, matrimonial causes, adoption, succession, contract, debts, contract , land law relation, trade relation and like matter .but , more often than not, laws of different countries have different rules in respect of these matters.

Broadly speaking, conflict of law may arise in the following two cases:

  1. When the laws of two or more countries with which the case is connected differ from each other.
  2. The conflict may arise between the laws of the same country. This may happen:
    • When laws of different states or provinces of a country differ from each other. For example, a case of conflict of territorial laws.
    • When laws of different communities in a country differ from each other. For example, in personal matters, the laws of Hindu, Muslim, Christian, and Parsis differ from each other in India. This is a case of conflict between the personal laws of communities.

Basis of private international law:
  1. Coming
  2. Convenience
  3. Justice

Subject of private international law:
There are main two subject of private international law:
  1. Private law relation associated with foreign law
  2. Private law relation burdered with foreign Element.

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