Professional Documents
Culture Documents
Conflict of Laws
SUBMITTED BY
Sarita Gaur
Roll No.09BAL014
Semester IX
B.A.LL.B. (Hons.)
Submitted to
INSTITUTE OF LAW
NIRMA UNIVERSITY, AHMEDABAD
Chapter 1
Introduction
1.1 Introduction:Characterization or classification of a given factual situation is one of the
necessary steps in the decision of a case having some foreign elements. Due to diversity
in the laws of the various countries of the world, at times characterization appears to be
an unsolvable problem.
propounded viz by lex fori, under the lex causae, in two stages of primary
characterization and secondary characterization and the last based on comparative law
and analytical jurisprudence.
Comparative law is a method of study of various legal phenomena, by the
application of the comparative method, it has become possible to reveal the general and
the special in world legal systems of today.
The theory of comparative law and analytical jurisprudence was espoused
by the author of encyclopedia of comparative conflict of laws, Earnst Rabel and views
similar to his were advanced by in England by W.E. Beckett who said that conflict rules
should use conceptions of an absolute general character1.
The theory has been criticized by many, saying that the theory is vague and
impracticable as there are very few principles of universal application and very little
measure of agreement as what they are. The study of comparative law is applicable of
revealing differences between domestic laws, but of hardly of resolving them. 2
1 Conflict of Law by J.G Colllier, Cambridge University Press.
2 Diwan Paras ,Private International Law,4th ed.
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1.4 Research Methodology:- The research methodology herein is used is the doctrinal
and analytical one. Thus, the research being doctrinal one, the material has been
collected from the secondary sources, i.e. books, various websites, and case laws. Apart
from secondary sources primary sources by case study has also been done.
1.5 Objective:The fundamental objectives of the present research project are: To analyze the
characterization of law.
To study the merits and drawbacks of theory of comparative law.
3 http://www.ucc.ie/law/irishlaw/dwhelan/c-method-and-l-reform/DW-Comparative-Intro-and-Chapter1.pdf
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