Conflict of laws also referred to as Private International Law, means a branch of Indian Law applied by Indian Courts whenever a dispute before it involves a foreign element. Foreign element in this context means a fact relevant to the issues involved in the proceedings which has a geographical or other connection with a territorial unit other than the territorial unit where the court is dealing with the Proceedings.
Applying our rule of conflict of laws that the legality of the mode of performing a marriage is determined by the law in force at the place where the marriage takes place.
If there is a contract entered into in India to be performed outside India. If the Contract is without consideration , it would be void under the Indian Contract Act,1872 except in a limited class of cases. Contracts without consideration may, however be valid in the country where they are to be performed.
All Cases in which there is a foreign element involve the application of principles of conflict of laws. These Principles are applied by our Courts as a part of the applicable rules of Indian Domestic Law.
The Legal Phrases related to the Conflict of Laws are as follows:
- Lex actus
- Lex causae
- Lex contractus
- Lex delicti
- Lex domicilii
- Lex fori
- Lex loci actus
- Lex loci celebrationis
- Lex loci delciti
- Lex loci solutionis
- Lex monetae
- Lex patriae
- Lex rei situs
- Propositus
These are the basics behind the Conflict of laws.
Written By: A. J.E.Shiny
