conflict of laws

(redirected from International private law)
Also found in: Dictionary, Encyclopedia.
Related to International private law: International public law

conflict of laws

see PRIVATE INTERNATIONAL LAW.
Collins Dictionary of Law © W.J. Stewart, 2006

CONFLICT OF LAWS. This phrase is used to signify that the laws of different countries, on the subject-matter to be decided, are in opposition to each other; or that certain laws of the same country are contradictory.
     2. When this happens to be the case, it becomes necessary to decide which law is to be obeyed. This subject has occupied the attention and talents of some of the most learned jurists, and their labors are comprised in many volumes. A few general rules have been adopted on this subject, which will here be noticed.
     3. - 1. Every nation possesses an exclusive sovereignty and jurisdiction within its own territory. The laws of every state, therefore, affect and bind directly all property, whether real or personal, within its territory; and all persons who are resident within it, whether citizens or aliens, natives or foreigners; and also all contracts made, and acts done within it. Vide Lex Loci contractus; Henry, For. Law, part 1, c. 1, 1; Cowp. It. 208; 2 Hag. C. R. 383. It is proper, however, to observe, that ambassadors and other public ministers, while in the territory of the state to, which they are delegates, are exempt from the local jurisdiction. Vide Ambassador. And the persons composing a foreign army, or fleet, marching through, or stationed in the territory of another state, with whom the foreign nation is in amity, are also exempt from the civil and criminal jurisdiction of the place. Wheat. Intern. Law, part 2, c. 2, Sec. 10; Casaregis, Disc. 136-174 vide 7 Cranch, R. 116.
     4. Possessing exclusive authority, with the above qualification, a state may regulate the manner and circumstances, under which property, whether real or personal, in possession or in action, within it shall be held, transmitted or transferred, by sale, barter, or bequest, or recovered or enforced; the condition, capacity, and state of all persons within it the validity of contracts and other acts done there; the resulting rights and duties growing out of these contracts and acts; and the remedies and modes of administering justice in all cases. Story, Confl. of Laws, Sec. 18; Vattel, B. 2, c. 7, Sec. 84, 85; Wheat. Intern. Law, part 1, c. 2, Sec. 5.
     5. - 2. A state or nation cannot, by its laws, directly affect or bind property out of its own territory, or persons not resident therein, whether they are natural born or naturalized citizens or subjects, or others. This result flows from the principle that each sovereignty is perfectly independent. 13 Mass. R. 4. To this general rule there appears to be an exception, which is this, that a nation has a right to bind its own citizens or subjects by its own laws in every place; but this exception is not to be adopted without some qualification. Story, Confl. of Laws, Sec. 21; Wheat. Intern. Law, part 2, c. 2, Sec. 7.
     6. - 3. Whatever force and obligation the laws of one, country have in another, depends upon the laws and municipal regulations of the latter; that is to say, upon its own proper jurisprudence and polity, and upon its own express or tacit consent. Huberus, lib. 1, t. 3, Sec. 2. When a statute, or the unwritten or common law of the country forbids the recognition of the foreign law, the latter is of no force whatever. When both are silent, then the question arises, which of the conflicting laws is to have effect. Whether the one or the other shall be the rule of decision must necessarily depend on a variety of circumstances, which cannot be reduced to any certain rule. No nation will suffer the laws of another to interfere with her own, to the injury of her own citizens; and whether they do or not, must depend on the condition of the country in which the law is sought to be enforced, the particular state of her legislation, her policy, and the character of her institutions. 2 Mart. Lo. Rep. N. S. 606. In the conflict of laws, it must often be a matter of doubt which should prevail; and, whenever a doubt does exist, the court which decides, will prefer the law of its own country to that of the stranger. 17 Mart. Lo. R. 569, 595, 596. Vide, generally, Story, Confl. of Laws; Burge, Confl. of Laws; Liverm. on Contr. of Laws; Foelix, Droit Intern.; Huberus, De Conflictu Leguin; Hertius, de Collisions Legum; Boullenois, Traits de la personnalite' et de la realite de lois, coutumes et statuts, par forme d'observations; Boullenois, Dissertations sur des questions qui naissent de la contrariete des lois, et des coutumes.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
It describes the geography, cultural and political background, population and employment, companies and close corporations, and social and cultural values of South Africa; the historical background of companies, partnerships, and close corporations; the definitions and structure of corporations and partnerships; the sources of law; the effect of international private law in South Africa; and the labor law connection.
707, 727 (2009) ("This result is particularly likely in the areas of private international law and international private law, areas in which the United States is consistently involved in the negotiation of treaties and other international legal instruments at the Hague Conference on Private International Law, UNCITRAL, and UNIDROIT.").
Turkish International Private Law Article 22 governs inheritance matters.
This item stipulates that if disputes on the explanation and application of the convention cannot be solved by negotiation or arbitrators, members have the right to bring the case to the international private law court.
A 2008 study carried out for the Commission by the Max Planck Institute for Comparative and International Private Law and the University of Heidelberg estimated the cost for foundations of such cross-border activities at between 90 million and 101.7 million a year.
International civil legal relations in the sport entirely fall within the scope of regulation of the international private law - choice of law in the licensing agreements of sports clubs does not differ from similar guidelines for the parties to the treaty on the transfer of know-how for the manufacture of engineering products.
Professor Reinhard Zimmermann is currently the Director of the Max Planck Institute for Comparative and International Private Law in Hamburg, Germany.
Giesela Ruhl (Hamburg Max Planck Institute for Comparative and International Private Law and European University Institute, Florence) is working on a comprehensive monograph on the topic.
Swiss International Private Law allows foreign nationals resident in Switzerland to choose between the Swiss inheritance law or the laws of their country of origin, with Swiss law being the default option.
Having been awarded in 1997 the Max Planck Research Prize for International Cooperation, he currently serves in the Professional Board of Advisors of the Max Planck Institute for Foreign and International Private Law in Hamburg and the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich.

Full browser ?