Conflict of laws and private international law |
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Preliminaries |
Definitional elements |
Connecting factors |
Substantive legal areas |
Enforcement |
In the conflict of laws, the validity and effect of a contract with one or more foreign law elements will be decided by reference to the so-called "proper law" of the contract.
In England, until the middle of the 19th century, the courts generally applied the lex loci contractus as the proper law. [1] [2]
In England, as of 1 October 1983, [3] when the parties express a clear intention in a choice-of-law clause, this is generally the proper law. [4]
In England, as of 1 October 1983, [3] when the parties have not used express words, their intention may be inferred from the terms and nature of the contract, and from the general circumstances of the case. [5]
In Mount Albert Borough Council v Australasian etc Assurance Society Ltd, it was held that, in default, the court has to impute an intention by asking, as just and reasonable persons, which law the parties ought to, or would, have intended to nominate if they had thought about it when they were making the contract. [6] But see The Assunzione. [7]
Some legal systems provide that a contract may be governed by more than one law. This concept is referred to as dépeçage. [8]
The Planning Act 1990 is an act of the Parliament of the United Kingdom that altered the laws on granting of planning permission for building works, notably including those of the listed building system in England and Wales.
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The doctrine of impossibility or impossibility of performance or impossibility of performance of contract is a doctrine in contract law.
In all lawsuits involving conflict of laws, questions of procedure as opposed to substance are always determined by the lex fori, i.e. the law of the state in which the case is being litigated.
Incidental questions in private international law with respect to the problems and elements discussed below. In the Roman conflict of laws, an incidental question is a legal issue that arises in connection with the major cause of action in a lawsuit. The forum court will have already decided that it has jurisdiction to hear the case and will be working through the next two stages of the conflict process, namely: characterisation and choice of law. For example, the court may classify the cause as "succession", but it notes that the plaintiff brings the claim for relief as the deceased's widow. Before the court can adjudicate on the main issue, it must first decide whether the plaintiff actually has the status claimed, i.e. the incidental question would be the validity of the claimed marriage. The inconvenient reality is that many lawsuits involve a number of interdependent legal issues. In purely domestic cases, this poses no difficulty because a judge will freely move from one domestic law to another to resolve the dispute. But in a conflict case, the question is whether the incidental question is resolved by reference either to its own choice of law rules, or to the same law that governs the main issue. States have not formulated a consistent answer to this question.
The doctrine of the proper law is applied in the choice of law stage of a lawsuit involving the conflict of laws.
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The Planning Act 1990 is an Act of the Parliament of the United Kingdom to consolidate certain enactments relating to special controls in respect of hazardous substances with amendments to give effect to recommendations of the Law Commission.
In law, dépeçage is a concept within the field of conflict of laws whereby different issues within a single case are governed by the laws of different jurisdictions. In common law countries, dépeçage can be used when a single contract provides that different parts of the contract shall be governed by different laws, or in the absence of a contract when a court's own rules on choice of law cause it to apply different bodies of law to different questions.
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The Redundancy Payments Act 1965 was an act of the Parliament of the United Kingdom that introduced into UK labour law the principle that after a qualifying period of work, people would have a right to a severance payment in the event of their jobs becoming economically unnecessary to the employer. The functions of the redundancy payment were to internalise the social cost of unemployment to the employer, make employers think more carefully before making people redundant, to compensate the employee for the loss of a job, and to provide a minimum sum of money for the employee in case future employment could not immediately be found. Together with the requirement of statutory minimum notice in the Contracts of Employment Act 1963, and the right to a fair dismissal first found from the Industrial Relations Act 1971, redundancy pay forms one of the three pillars of rights in dismissal.
The Bills of Exchange Act 1908 is an Act of the New Zealand Parliament which regulates bills of exchange and related promissory notes. It is based on the Imperial Bills of Exchange Act 1882 (UK). The Act also applies to the Realm of New Zealand, which includes the Cook Islands and Niue as well as New Zealand.
This is a list of philosophy-related events in the 11th century.
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