LLB141 Lecture Notes - Lecture 11: Cigna, In Personam, Civil Procedure Rules
Document Summary
A collection of rules applied by our courts to resolve legal problems which involve a foreign element. Applies where we have a conflict of laws". Domestic law (although often based upon or incorporating treaties) This area of law is referred to by a number of different names: A conflict of laws occurs when: more than one possible legal system applies; and, the result of the dispute would differ accordingly. So, where a legal dispute involves a foreign element, and it could potentially be resolved by applying either local law or the law of the foreign jurisdiction, a conflict of laws can arise. Conflict of laws is not about the ultimate resolution of the dispute, but about which law should be used to reach that resolution. Each country has its own body of rules which are applied to resolves a conflict of laws when one occurs.
