Conflict of laws

Conflict of laws and
private international law
Preliminaries
Definitional elements
Connecting factors
Substantive legal areas
Enforcement

Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction.[1] This body of law deals with three broad topics: jurisdiction, rules regarding when it is appropriate for a court to hear such a case; foreign judgments, dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and choice of law, which addresses the question of which substantive laws will be applied in such a case.[2] These issues can arise in any private-law context,[2] but they are especially prevalent in contract law[3][4][5][6][7][8][9][10] and tort law.[11]

  1. ^ "Conflict of Laws", Black's Law Dictionary (11th ed. 2019).
  2. ^ a b Restatement of the Law—Conflict of Laws, §2: Subject Matter of Conflict of Laws (American Law Institute 1971).
  3. ^ Briggs (2008). The Conflict of Laws. pp. 2–3.
  4. ^ Clarkson; Hill (2006). The Conflict of Laws. pp. 2–3.
  5. ^ Collins (2006). Dicey, Morris and Collins on The Conflict of Laws. p. 36 (paras. 1-087 et seq.).
  6. ^ Hay; Borchers; Symeonides (2010). Conflict of Laws. pp. 1–3.
  7. ^ McClean; Beevers (2009). The Conflict of Laws. pp. 4–5 (para. 1-006).
  8. ^ North; Fawcett (1999). Cheshire and North's Private International Law. pp. 13–14.
  9. ^ Rogerson (2013). Collier's Conflicts of Laws. pp. 3–4.
  10. ^ Symeonides (2008). American Private International Law. pp. 15–16 (para. 2).
  11. ^ Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II).