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INTRODUCTION AND
THEORIES OF PRIVATE
INTERNATIONAL LAW
M. MALATHI
PRIVATE INTERNATIONAL
LAW
Conflict of Laws concern those areas of law
primarily with specific duties and rights of
individual with which the State not
immediately and directly concerned.
It is a set of rules procedural law that
regulates the relationship btw physical and
judicial persons of diff. nationalities.
Determines which legal system and the law
of which jurisdiction will apply to a legal
dispute among parties involving a foreign
element. (US Legal)
FOREIGN ELEMENT
Choice of Jurisdiction
Choice of Law
Recognition and Enforcement of
Foreign Judgment
Time Factor in the spatial application
of laws
MAIN SOURCES
Statutory Intent
Agreement of Parties
Territorial Sovereignty
Location of Legal Relations
DIFFERENCE
PUBLIC IL PRIVATE IL
Persons to whom it
Operates:-
Deals with parties in this
Deals with the Law of Nations.
branch of law
Transaction Itself:-
Assumes control of
Recognize in general only
transactions private in their
those questions in which
nature.
sovereign states interested.