General Outlines of Conflict of laws

General Outlines of Conflict of laws
The Basic relationship between state laws, domestic laws and International laws in the legal forum

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