|
Conflict of laws or Private international law (both terms are used interchangeably)〔 〕 concerns relations across different legal jurisdictions between persons, and sometimes also companies, corporations and other legal entities.〔() Janet Forsyth, Careers Adviser, Careers Service, University of Edinburgh (made available by the University of Nottingham); ''International Opportunities in the Legal Field—a brief overview of options and links for further investigation''; United Kingdom: Edinburgh, EH1, Scotland and Nottingham, Nottinghamshire, NG7, England, August 2006; pp. 1 & 2.〕〔() Janet Forsyth, Careers Adviser, Careers Service, University of Edinburgh (reproduced and re-edited by the Careers Service, University of Sheffield); ''Legal Brief (sponsored by DLA Piper): International opportunities in law'' ; United Kingdom: Edinburgh, EH1, Scotland and Sheffield, South Yorkshire, S10, England, August 2006 (reproduced and re-edited, August 2012); ''p. 1''.〕 ==Choice of laws== Courts faced with a choice of law issue have a two-stage process: #the court will apply the law of the forum (''lex fori'') to all procedural matters (including, self-evidently, the choice of law rules); and #it counts the factors that connect or link the legal issues to the laws of potentially relevant states and applies the laws that have the greatest connection, e.g. the law of nationality (''lex patriae'') or residence (''lex domicilii'')(in Latin means home or residence and see at 'European Harmonization Provisions':"The concept of habitual residence is the civil law equivalent of the common law test of lex domicilii". ) will define legal status and capacity, the law of the state in which land is situated (''lex situs'') will be applied to determine all questions of title, the law of the place where a transaction physically takes place or of the occurrence that gave rise to the litigation (''lex loci actus'') will often be the controlling law selected when the matter is substantive, but the proper law has become a more common choice.〔(Dow Jones v Gutnick [2002] HCA 56 )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「conflict of laws」の詳細全文を読む スポンサード リンク
|