Private International Law Scope

Private International Law Scope

International Law: Private Concerns

Introduction to Private International Law Scope

Private international law is concerned with various matters that are handled by a court of law in the following order:

  • The court must first decide whether or not it has jurisdiction in a case involving foreign elements-for example, a case that involves a contract made or fulfilled abroad or a case in which judicial determination has already been made in another country.
  • Once the court has assumed jurisdiction, it must decide whether to apply the laws of its own country or that of the foreign country involved.
  • The court must determine the circumstances under which decisions of a foreign court are to be upheld. (4) The court must determine the validity of contracts, testaments, marriages, divorces, adoptions, and acts other than court decisions made in foreign countries in accord with the laws of those countries.

    These determinations are made by a court under statutes enacted by the national legislature of the country in which it is situated. Such statutes comprise an integral part of the law of that country. To the extent, however, that these statutes provide for the enforcement of the laws of foreign countries, they are part of international law-hence the designation “private international law.” To the extent the statutes relate to the determination of conflicting laws based on diverse national origins, they are said to relate to the conflict of law.” (1)

In relation to Inter-American Treaties, Conventions and Agreements adopted within the framework of the OAS

The Organization of American States (a list of Members of the Organization of American States is here) adopted the following international instruments regarding International Private Law:

  • International Private Law, Business Associations: Inter-American Convention on Conflicts of Laws Concerning Commercial Companies,
  • International Private Law, Contracts: Inter-American Convention on the Law Applicable to International Contracts,
  • International Private Law, Domicile: Inter-American Convention on Domicile of Natural Persons in Private International Law,
  • International Private Law, General Rules: Inter-American Convention on General Rules of Private International Law,
  • International Private Law, Merchantile Associations: Inter-American Convention on Conflicts of Laws Concerning Commercial Companies,
  • International Private Law, Personality and Juridical Capacity: Inter-American Convention on Personality and Capacity of Juridical Persons in Private International Law

In relation to International Private Law, Negotiable Instruments:

  • Inter-American Convention on Conflict of Laws Concerning Checks
  • Inter-American Convention on Conflict of Laws Concerning Checks
  • Inter-American Convention on Conflict of Laws concerning Bills of Exchange, Promisory Notes, and Invoices

In relation to International Private Law, Powers:

  • Inter-American Convention on the Legal Regime of Powers of Attorney to be Used Abroad
  • Protocol on Uniformity of Powers of Attorney wich are to be utilized abroad

Resources

Notes and References

Guide to Private International Law Scope

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