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Private International Law

A specialized branch of law which resolves cases which have an element of conflicting foreign law.

Some jurists prefer to call this subject matter of law conflict of laws.

In some cases, a state will defer to the laws of another, in whole or in part, in order to resolve a dispute where some element of the case commands that referral. The rules of law governing that analysis are known as private international law, international private law or the rules of conflict of laws.

In the aptly-named International Private Law or The Conflict of Laws by W. N. Hibbert (London: University of London Press, 1927), the author uses these words to define international private law:

"The body of principles determining which of two or more systems of law shall prevail when they compete in any particular case....

"The word 'private' indicates that it is the law dealing with the relations of individuals to each other, and the term 'international', that it deals with the laws of different nations."

By "individuals", it is thought that the author unintentionally omitted corporations and should of used the word persons.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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