Conflict of laws


Also found in: Legal, Encyclopedia, Wikipedia.
that branch of jurisprudence which deals with individual litigation claimed to be subject to the conflicting laws of two or more states or nations; - often used as synonymous with Private international law.

See also: Conflict

References in periodicals archive ?
Second, it could constitute a supplement in a Jewish law lecture course or in a seminar that is dedicated to specific substantive or philosophical subjects such as personal autonomy, paternalism, professional responsibility, or conflict of laws. (Ringgold, Inc., Portland, OR)
In support of its choice-of-law approach, the court in Gerena first turned to the Restatement (Second) of Conflict of Laws. The court began by quoting the Restatement's claim that "Conflict of Laws covers an extremely wide area, embracing all situations where the affairs of men cut across state lines." (11) The Restatement, the court further observed, defines "state" as "any 'territorial unit with a distinct general body of law' and is expressly not limited according to notions of sovereignty or political boundaries." (12) Based on the Restatements broad definitions, the court reasoned that circuit splits may constitute a form of state-state conflict as "the states are in a position roughly similar to that of the circuits." (13)
The result was a "second best" of sorts, with a uniform set of conflict of laws rules to determine which State's law is to govern those matters.
The law became effective on July 1 and comes on the heels of the Department of Labor (DOL)'s implementation of its final regulation redefining "investment advice." The Nevada law raises important conflict of laws and federal pre-emption issues, the former being a procedural dilemma calling for a court to sort out conflicting applicable laws of different jurisdictions, and the latter being the problem of whether, in this instance, federal law overrides the state's.
The principle of lex voluntatis, as a conflict of laws, authorizes the parties to appoint the law applicable to international contracts.
the possibility of a new Restatement of Conflict of Laws to replace the
Each of those jurisdictions will have their own set of laws, including laws governing the conflict of laws. You will thus be confronted with the choice of which of those laws should apply to the transaction or dispute involving your client.
She is a noted scholar in several areas, including conflict of laws, arbitration, and the law market.
He urged the court to repudiate the choice of law rules prescribed in the first Restatement of Conflict of Laws and to adopt in their place one of the modern, policy-based approaches to resolve the choice of law issue.
Law 6 defines articles related to conflict of laws in civil and commercial disputes involving foreign elements.

Full browser ?