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Conflict of laws or private international law


Conflict of laws or private international law (both terms are used interchangeably)[1] concerns relations across different legal jurisdictions between persons, and sometimes also companies, corporations and other legal entities.[2][3] Choice of laws Courts faced with a choice of law issue have a two-stage process: the court will apply the law of the forum (lex fori) to all procedural matters (including, self-evidently, the choice of law rules); and it counts the factors that connect or link the legal issues to the laws of potentially relevant states and applies the laws that have the greatest connection, e.g. the law of nationality (lex patriae) or residence (lex domicilii)[domicilium in Latin means home or residence and see at 'European Harmonization Provisions':

"The concept of habitual residence is the civil law equivalent of the common law test of lex domicilii".] will define legal status and capacity, the law of the state in which land is situated (lex situs) will be applied to determine all questions of title, the law of the place where a transaction physically takes place or of the occurrence that gave rise to the litigation (lex loci actus) will often be the controlling law selected when the matter is substantive, but the proper law has become a more common choice

Dow Jones v Gutnick [2002] HCA 56

Conflict of laws or private international law,From Wikipedia


Private International Law. A Treatise on the Conflict of Laws: And the Limits of Their Operation

Chapter 1 pdf pg 61 STATEMENT OF THE QUESTION.

13 Every right presents itself in its primary aspect as a power belonging to the person (b)y and, accordingly^ as a quality of that person ; and from this most direct and rudimentary standpoint we have to regard legal relations also as attributes of persons. In this way the question with which we are engaged would be viewed thus :

Over what persons does each rule of law extend its authority ? or, conversely (§ 344) :

Municipal Jurisdictions

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