Conflict of Laws: Lex Loci: Lex Fori: Right of Action in England for Acts in Foreign Country: Territorial Waters

1903 ◽  
Vol 2 (1) ◽  
pp. 56



Author(s):  
V.C. Govindaraj

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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