Conflict of laws
Conflict of laws
Preliminiaries
Characterisation
Incidental question
Renvoi · Choice of law
Conflict of laws in
the United States
Public policy
Hague Conference
Definitional elements
State · Jurisdiction
Procedure
Forum non conveniens
Lex causae
Lex fori · Forum shopping
Lis alibi pendens
Connecting factors
Domicile · Lex domicilii
Habitual residence
Nationality · Lex patriae
Lex loci arbitri · Lex situs
Lex loci contractus
Lex loci delicti commissi
Lex loci actus
Lex loci solutionis
Proper law
Lex loci celebrationis
Choice of law clause
Dépeçage
Forum selection clause
Substantive legal areas
Status · Capacity · Contract
Tort · Marriage · Nullity
Divorce (Get · Talaq)
Property · Succession
Trusts
Enforcement
Enforcement of
foreign judgments
Mareva injunctions
Anti-suit injunctions
Conflict of laws (or private international
law) is that branch of international law and
intranational interstate law that regulates all
lawsuits involving a "foreign" law element
where different judgments will result depend-
ing on which jurisdiction’s laws are applied
as the lex causae.
In civil law systems, private international
law is a branch of the internal legal system
dealing with the determination of which state
law is applicable to situations crossing over
the borders of one particular state and in-
volving
a
"foreign
element"
(élément
d’extranéité), (collisions of law, conflict of
laws). Lato sensu (at large) it also includes
international civil procedure and internation-
al commercial arbitration (collisions of juris-
diction, conflict of jurisdictions), as well as
citizenship law (which strictly speaking is
part of public law).
In common law systems, conflict of laws,
firstly, is concerned with determining wheth-
er the proposed forum has jurisdiction to ad-
judicate and is the appropriate venue for
dealing with the dispute, and, secondly, with
determining which of the competing state’s
laws are to be applied to resolve the dispute.
It also deals with the enforcement of foreign
judgments.
There are two major