Private International Law Lecture 01

private international law lecture 01
JAMES EZEKIELI
jkl attorneys. jamesmayala730@gmail.com
SUBJECT: PRIVATE INTERNATIONAL LAW
LECTURER: new madam
4TH YEAR SEMISTER 1
LECTURE 01
DATE: 22/10/2024
1.INTRODUCTION AND SCOPE OF

INTERNATIONAL LAW
Private international law sometimes known as the conflict of law the two words are used
interchangeably it deals with separate units of law cuts across the rest of civil laws.
This kind of law can be applied when judge deal with a case that has the foreign element thus judge
has to consider the followings
 Jurisdiction of such law

 Cause of action [the issues to be determined]
 Choice of law
 Recognition of foreign award, execution or ruling of the foreign court
2. WHY PRIVATE LAW IS CALLED CONFLICT OF LAW
It is called conflict of law due to the followings
 It resolves the conflict

 It is the best system to avoid conflict of laws between different system of laws
 It is an intermediate way in which a conflict should be resolved.
3. WHAT IS FOREIGN LAW?
 Is the law of any other country apart from the country an issue is from consideration
 Foreign law is usually not binding on the court sitting in
 Citation of foreign law as persuasive can be contravention
1
 A judge can not be compelled to apply foreign law but may use the private international law
to solve the case
 Foreign law is any other law even from the state that doesn’t have the sovereignty but has
political organization
4. DIFFERENCES BETWEEN PUBLIC INTERNATIONAL LAW AND

PRIVATE INTERNATIONAL LAW
PRIVATE INTERNATIONAL LAW PUBLIC INTERNATIONAL LAW
 private international law is for private  law that governs the relationship
persons. between states.
 Determines conflicts between persons  Regulates the rights and duties of state
having foreign elements.
 Deal with conflicts between persons.  Does not involve in conflict of law
between persons.
 It is very challenging in applicability.  It is the same and follows the records.
 The source of private international law  It deals with custom convention and
is in the statute or legislature of treaties.
respectable foreign state.
 They look to local laws and laws of  Is due to international organizations.

other countries.
 Private international law applies to  Dealt with both civil and criminal
civil matters. matters.
 It deals with municipal laws.  Do not deal with municipal law rather
international laws.
 It is minimal in scope only to cases of
individual nature.  It is wider in scope.
2
5. OBJECTIVES OF PRIVATE INTERNATIONAL LAW
 Governed by condition that a court is competent to entertain a matter.

 Determine a case of a particular municipal law.
 Determine the rights of parties.
 Specify circumstances in how a foreign judgement can be recognized and rights vested in the
judgement.
6. FOREIGN ELEMENT OF PRIVATE INTERNATIONAL LAW
 One of the parties may be foreign in nationality or domicile.

 Action may concern a property situated abroad.
 A contract made in one country to be performed in other country.
 Recognition of foreign award.
7. CASES
1. Monica variato vs Thomas varia1
Held
A Division Bench of the Bombay High Court in a case of divorce involving two conflicting legal
systems, Monica Variato vs. Thomas Varia stated that the principles of Private International Law are
not universal. They vary from State to State. What may be applicable in one State may not be
applicable in another State
2. India & general investment trust vs raja of kholikhote2
Held
"13. A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon
between the same parties or between parties under whom they or any of them claim litigating under
the same title except -
(a) where it has not been pronounced by a Court of competent jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on an incorrect view of
International Law, or a refusal to recognise the law of the States in cases where such Law is
applicable;
1
(2000) 2 Goa LT 149
2
AIR1952CAL508, AIR 1952 CALCUTTA 508
3
(d) where the proceedings in which the judgment was obtained are opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force in the States.

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private international law lecture 01

LECTURER: new madam

4TH YEAR SEMISTER 1

1.INTRODUCTION AND SCOPE OF

 Jurisdiction of such law

2. WHY PRIVATE LAW IS CALLED CONFLICT OF LAW

It is called conflict of law due to the followings

 It resolves the conflict

3. WHAT IS FOREIGN LAW?

4. DIFFERENCES BETWEEN PUBLIC INTERNATIONAL LAW AND

PRIVATE INTERNATIONAL LAW PUBLIC INTERNATIONAL LAW

 It is very challenging in applicability.  It is the same and follows the records.

 They look to local laws and laws of  Is due to international organizations.

 Governed by condition that a court is competent to entertain a matter.

6. FOREIGN ELEMENT OF PRIVATE INTERNATIONAL LAW

 One of the parties may be foreign in nationality or domicile.

1. Monica variato vs Thomas varia1

2. India & general investment trust vs raja of kholikhote2

(a) where it has not been pronounced by a Court of competent jurisdiction;

(e) where it has been obtained by fraud;

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