| 释义 |
private international law
(conflict of laws) The part of the national law of a country that establishes rules for dealing with cases involving a foreign element (i.e. contact with some system of foreign law). For example, if a contract is made in England but is to be fulfilled abroad, it will be necessary to decide which law governs the validity of the contract. This is known as the question of choice of law. Generally, under the Rome Convention (1980; in force from 1 April 1991), the parties’ choice of law in a written contract is respected; rules are set down in the Convention stating which laws apply if the parties to the contract have not made a choice. Sometimes the courts must also decide whether or not they have jurisdiction to hear the case and whether or not to recognize a foreign judgment (such as a divorce obtained abroad). Private international law must not be confused with public international law. |