Concept Of Lex Fori And Lex Loci 334p6r

TAMIL NADU NATIONAL LAW SCHOOL (A State University established by Act No. 9 of 2012 ) Navalurkuttapattu, Srirangam (TK), Tiruchirappalli – 620009

PRIVATE INTERNATIONAL LAW TOPIC:

CONCEPT OF LEX FORI AND LEX LOCI

SUBMITTED BY ABHILASH G NO. : BA0130001

PROJECT SUBMITTED TO M. MAHINDRA PRABHU

CONCEPT OF LEX FORI AND LEX LOCI

In this project the researcher would concentrate on the concept of Lex fori and Lex loci, in the approach of these two concepts frequently a court must consider a set of facts that occurred in some state other than that of the forum. In such a situation the court will apply the foreign substantive law but the forum's rules of procedure. Substantive matters are defined as those which relate to the right of action while procedural matters affect the remedy. The forum determines in accordance with its own conflict of laws principles whether the question involved is one of substance or procedure. Because the distinction between substance and procedure is notoriously nebulous and since statutes of limitation have characteristics of both classifications, it is extremely difficult to place them clearly in either of the two categories. This Note will attempt to decide, for any particular fact situation, whether the forum's statute of limitations should be applied as a matter of procedure or the statute of the locus is applicable as affecting the plaintiff's substantive right of action. The research paper also concentrates on how in the past, the governing law upon the formal validity differed according to each juridical act. And the subsisting rule was that the act must be performed in accordance with the form required by the law to which the act was subject.

Research Plan The main object of the research paper is to understand the concept of lex fori and lex loci and also how it regulates the marriage laws and the jurisdiction applicable to the marriage issues. And also to understand the principle adopted by the world judiciary and Indian judiciary on law of the land and law of the forum.

Research Questions: 1. Whether law of the land and law of the forum have a distinctive characteristics? 2. Whether conflict of marriage laws is the conflict of law regarding marriage in different jurisdiction?

Research Methodology: Research is doctrinal in nature. The research is completely depended on secondary data and preceeding case laws. This research is purly going to be analytical and descriptive in nature.

Tentative Chapterisation: 1. 2. 3. 4. 5.

Introduction Concept of lex fori and lex loci Lex fori and lex loci within the scope of marriage laws Indian judicial on international marriage laws. Conclusion

Reference: 1. Jayant Bhatt & Tanvi Kapoor, The Rules To Be Followed By A Court In Applying Appropriate Law In Cases Having A Foreign Party http://www.legalserviceindia.com/articles/frpca.htm

2. Mr. Swapneshwar Goutam, Application of Choice of Law to Foreign Torts. http://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=bddd4a3d-61f940b8-82cd-802d6a878191&txtsearch=Subject:%20International%20Law 3. http://www.beldenlex.com/pdf/Choice%20of%20Law.pdf 4. C. M. V. Clarkson, Marriage in England: favouring the lex fori Authors. http://onlinelibrary.wiley.com/doi/10.1111/j.1748-121X.1990.tb00030.x/abstract 5. Hamid TAHENNI, CONFLICT OF LAW RULES IN MARR IAGE: AN APPROACH BASED ON THE CO-ORDINATION OF THE RELEVANT POLICY CONSIDERATIONS http://theses.gla.ac.uk/5009/1/1995TahenniPhd.pdf