Defining-Private I. L.

1. a) Pvt I. L. is that part of law which comes into play when the issue before the court
affects some facts, events or transaction that is so closely connected with a foreign
system of law as to necessitate resource to that system Cheshire.

b) Pvt. English law is that part of law of England which consists of rules which do not
directly determine the rts and liabilities of particular persons but which determines the
limit of the jurisdiction to be exercised by the English courts & also the choice of the
body of law, whether domestic law of England or the law of any foreign country by ref to
which English courts are to determine different matters brought before them for
decision. Dicey & Morris.

Need of Pvt. I. L.

2. This arises because different countries have different systems of law. Every country
makes laws regarding marriage, matrimonial causes, adoption, succession, contract,
debts, tort and like matters. More often than not, laws of different countries have different
rules in r/o these matters. If marriage means the same thing all over the world and the
rules of capacity & ceremonies of marriage are same in all countries. The question of
conflict between the laws of 2 countries would not arise and if there is no conflict
between laws of different countries there would be no need for Pt. I. L. The branch of
law, in every country, which resolves these conflicts, is given the name of Pvt. I. L. or
conflicts of laws.

3. Broadly, conflict of laws may arise in the following two cases:

a) When the laws of 2 or more countries with which the case is connected differ from
each other.

b) Conflict may arise between laws of the same country

(i) When laws of different states or province of a country differ from each other,
eg. Law of the States of USA, or of the Soviet Union, or of the province of
Canada. This is a case of Conflict of territorial laws, or

(ii) When laws of different communities in a country differ from each other. Eg.
In personal matters law of Hindus, Muslims, Christian and Parsis differ from each
other in India. A case of conflict between personal laws of communities.
4. Pvt. I. L. merely indicates the governing law under which a case is to be decided. Cases
having foreign elements are to be determined by ref to FOREIGN LAWS.
Foreign Law Means the law of a foreign country. But in Pvt. I. L. technically it
means deciding a case by a court w.r.t a system of law which is different from a
system of law which the court will apply to a purely domestic case. This may be
the law of the country; or the law of a part of a country (Territorial Conflict)

5. Understanding: Internal Law or Indian Law.

By Int. law, we mean that body of rules by which all matters relating to the rights
& obligations of persons residing or domiciled in India & all disputes from
contract & transactions entered into in India between such persons are decided.
This law has no significance from Pvt. I. L. viewpoint. (Narrow sense)
The second branch of Indian law, which though does not decide the rts &
obligations of parties, determines the territorial limit of Indian courts & lays down
as to whether a given case will be decided by ref. to the Internal law of India or by
ref to relevant foreign law. This branch of law, which fixes the territorial limits of
the jurisdiction of Indian courts, comes into op when a case has some foreign
elements. This is known as Pvt. I. L. (Broad sense)

6. Pvt. I. L. by its very nature merely indicates the governing law under which a case is to
be decided. E.g. a court is called upon to determine the validity of a marriage performed between
an Indian domiciled man and an English domiciled woman; the ceremonies of marriage were
performed in Paris. The Pvt. I. L. merely informs us that the question as to capacity to marriage
is to be determined by the law of the domicile of the parties & the question of the performance of
ceremonies is to be determined by the law of the place where the marriage was solemnized. If the
question is of capacity the matter will be determined by ref to Indian law or English law; or if the
question is whether requisite ceremonies were performed or not, the court will decide it by ref to
French law.