Conflict of Laws. Foreign Tort. Statute Affecting Jurisdiction and Public Policy of the Forum

1934 ◽  
Vol 21 (2) ◽  
pp. 232
Keyword(s):  
Public Policy ◽  
Conflict Of Laws

The Public Policy Concept in the Conflict of Laws

1933 ◽  
Vol 33 (3) ◽  
pp. 508 ◽  
Keyword(s):  
Public Policy ◽  
Conflict Of Laws ◽  
The Public

The Lex Fori

2019 ◽  
pp. 172-194
Author(s):  
Adrian Briggs
Keyword(s):  
Public Policy ◽  
United Kingdom ◽  
International Law ◽  
Private International Law ◽  
English Court ◽  
Conflict Of Laws ◽  
The United Kingdom ◽  
Foreign Law ◽  
The Law

This chapter examines of the role of the lex fori in English private international law before proceeding to examine the rules of the conflict of laws applicable in an English court. Issues for which the rules of the conflict of laws select the lex fori as the law to be applied include grounds for the dissolution (as distinct from nullity) of marriage, even if the marriage has little or nothing to do with the United Kingdom; or settlement of the distribution of assets in an insolvency even though there may be significant overseas elements. Where the rules of the conflict of laws select a foreign law, its application, even though it is proved to the satisfaction of the court, may be disrupted or derailed by a provision of the lex fori instead. The remainder of the chapter covers procedural issues; penal, revenue, and public laws; and public policy.

scholarly journals Public Policy and the Political Crisis in the Conflict of Laws

1940 ◽  
Vol 49 (6) ◽  
pp. 1027 ◽  
Author(s):  
Arthur Nussbaum
Keyword(s):  
Public Policy ◽  
Political Crisis ◽  
The Political ◽  
Conflict Of Laws

Exclusion of Foreign Law

2019 ◽  
pp. 17-21
Author(s):  
V.C. Govindaraj
Keyword(s):  
Public Policy ◽  
Public Law ◽  
Foreign Country ◽  
Conflict Of Laws ◽  
The Public ◽  
Foreign Law ◽  
Penal Law ◽  
Indian Law

This chapter discusses restrictions to the enforcement of foreign laws under Indian law. Section 23 of the Indian Contract Act, 1872, forbids an Indian court from recognizing or enforcing a contract where such recognition or enforcement would be opposed to Indian public policy, or where such contract was obtained by fraud. A well-known principle of conflict of laws is that a court will not enforce a foreign penal law, either directly or indirectly. Foreign revenue laws are comparable to foreign penal laws from the standpoint of enforceability. As a matter of principle, a court will not enforce the public law of a foreign country, though the scope and ambit of this principle remains nebulous.

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