Encyclopedia of Law and Economics

2019 Edition
| Editors: Alain Marciano, Giovanni Battista Ramello

Conflict of Laws

  • Amit M. SachdevaEmail author
Reference work entry
DOI: https://doi.org/10.1007/978-1-4614-7753-2_33

Definition

The Conflict of Laws, also known as Private International Law, is that branch of the domestic law of a State which deals with cases having a foreign element. (The word “State” has been used in the sense of a political system or a political subdivision having a separate and distinct legal system.)

All elements of any dispute can broadly be classified into those related to the parties and those related to the subject matter. When operating in a purely domestic scenario, i.e., when both/all the parties to the dispute hail from the same State and where the subject matter arises entirely within the territorial limits of the State, legal rights and obligations of the parties are required to be determined on the basis of substantive and procedural standards provided under the law of that State.

The position is, however, fundamentally different where, at least, one of the parties to the dispute is a foreign party or where the subject matter of the dispute arises, at least, partly...

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References

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Copyright information

© Springer Science+Business Media, LLC, part of Springer Nature 2019

Authors and Affiliations

  1. 1.Ernst & Young LLPHoustonUSA
  2. 2.New York University School of Law (NYU)New YorkUSA
  3. 3.London School of Economics (LSE)LondonUK
  4. 4.The Hague Academy of International LawThe HagueThe Netherlands