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The role of characterisation within an international private law adjudication might be highlighted if understood within the simplest example of the sale of a bicycle by A to B. The transaction has both contractual and proprietary elements. Different jurisdictions will characterise the matter in different ways depending on their own laws.
The term private international law comes from the private law/public law dichotomy in civil law systems. [13] [14] In this form of legal system, the term private international law does not imply an agreed upon international legal corpus, but rather refers to those portions of domestic private law that apply to international issues.
J H C Morris. "Law of Procedure". The Conflict of Laws. Third Edition. Stevens and Sons. London. 1984. ISBN 0-420-46890-0. Part 8, which consists of chapter 29 ("Substance and procedure"), at pages 453 to 466. A E Anton. "Procedure". Private International Law: A treatise from the standpoint of Scots law. (Scottish Universities Law Institute). W ...
The Convention on the Law Applicable to Contractual Obligations 1980, also known as the Rome Convention, is a measure in private international law or conflict of laws which creates a common choice of law system in contracts within the European Union. The convention determines which law should be used, but does not harmonise the substance (the ...
Under international law, this authority is part of the doctrine of comity. The court will invoke comity by its discretion and will usually look to two factors before using its discretionary powers: did the foreign court have jurisdiction, and were fair procedures used in adjudicating the case? Under English law, it is the doctrine of obligation.
Symeon C Symeonides, "Issue-by-Issue Analysis and Depecage in Choice of Law: Cause and Effect" (2013 to 2014) 45 University of Toledo Law Review 751; Alex Mills. "C. Dépeçage" in "The Application of Multiple Laws Under the Rome II Regulation". Ahern and Binchy (eds). The Rome II Regulation on the Law Applicable to Non-Contractual Obligations.
The Hague Conference on Private International Law (HCCH) is an intergovernmental organisation in the area of private international law (also known as conflict of laws), that administers several international conventions, protocols and soft law instruments. The Hague Conference was first convened by Tobias Asser in 1893 in The Hague.
Most states also exclude it in tort cases e.g. in the UK section 9(5) of the Private International Law (Miscellaneous Provisions) Act 1995. Since 11 January 2009, Regulation (EC) 864/2007 (the Rome II Regulation ) on the law applicable to non-contractual obligations has been in force, controlling in a uniform way the rules throughout the ...