Legal Definition and Related Resources of Conflict of laws
Meaning of Conflict of laws
A contrariety or opposition in the laws of states in those cases where, from their relations to each other, or to the subject-matter in dispute, the rights of the parties are liable to be affected by the laws of both jurisdictions. An opposition or inconsistency of domestic laws upon the same subject. As a term of art, it also includes the deciding which law is in such cases to have superiority. It also includes many cases where there is no opposition between two systems of law, but where the question is how much force may be allowed to a foreign law with reference to which an act has been done, either directly or by legal implication, in the absence of any domestic law exclusively applicable to the case.
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| Resource | Description |
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| Conflict Of Laws in the Dictionary | Conflict Of Laws in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Conflict Of Laws |
| Legal Maxims | Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law |
| Legal Answers (Q&A) | A community-driven knowledge creation process, of enduring value to a broad audience |
| Related topics | Conflict Of Laws in the World Encyclopedia of Law |
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This definition of Conflict Of Laws is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Conflict of laws in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims
Opposition of laws upon the same object, whether of the same or of different jurisdictions.
Note: This legal definition of Conflict of laws in the Dictionary of Law (English and American Jurisprudence) is from 1893.
Conflict of Laws in Maritime Law
Note: There is more information on maritime/admiralty law here.
The following is a definition of Conflict of Laws, produced by Tetley, in the context of admiralty law: also known as “Private International Law”, was a term first coined by Joseph Story in his 1st Edition, 1834 of that name. (See Tetley, Intl. C. of L., 1994 at p. 9). There are three classic categories of conflicts: 1) choice of law; 2) choice of jurisdiction, and 3) recognition and enforcement of foreign judgments. Histocially conflict theories have been based on four approaches: 1) single concepts; 2) multiple numbered rules; 3) general texts; 4) national laws and international conventions (see Tetley, Int’l C. of L., 1994 at p. 7). I have proposed a fifth approach – a methodology to solve every conflict problem (Tetley, ibid. at p. 37 et seq.).
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Legal English Vocabulary: Conflict of Laws in Spanish
Online translation of the English legal term conflict of laws into Spanish: conflicto de leyes (English to Spanish translation) . More about legal dictionary from english to spanish online.
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Further Reading
American Law Institute 1953-1965 Restatement of the Law Second: Conflict of Laws. Tentative Draft Nos. 1-13. Philadelphia: The Institute.
Association of American Law Schools, Committee on Selected Articles on Conflict of Laws 1956 Selected Readings on Conflict of Laws St. Paul, Minn.: West.
Batiffol, Henri (1949) 1959 Traité élémentaire de droit international privé. 3d ed. Paris: Librairie Générale de Droit et de Jurisprudence.
Beale, Joseph H. 1935 A Treatise on the Conflict of Laws. 3 vols. New York: Baker.
Carlston, Kenneth S. 1962 Law and Organization in World Society. Urbana: Univ. of Illinois Press.
Cavers, David F. 1933 A Critique of the Choice-of-law Problem. Harvard Law Review 47:173-208.
Cavers, David F. 1950 The Two “Local Law” Theories. Harvard Law Review 63:822-832.
Cheatham, Elliott E. 1960 Problems and Methods in the Conflict of Laws. The Hague, Academy of International Law, Recueil des cours 99:233-355.
Cheatham, Elliott E.; and Reese, Willis L. M. 1952 Choice of the Applicable Law. Columbia Law Review 52:959-982.
Cheshire, Geoffrey C. (1935) 1965 Private International Law. 7th ed. London: Butterworth.
Cook, Walter W. 1942 The Logical and Legal Bases of the Conflict of Laws. Harvard Studies in the Conflict of Laws, No. 5. Cambridge, Mass.: Harvard Univ. Press.
Currie, Brainerd 1963 Selected Essays on the Conflict of Laws. Durham, N.C.: Duke Univ. Press.
Ehrenzweig, Albert A. 1962 A Treatise on the Conflict of Laws. St. Paul, Minn.: West. _ The first part is a revised edition of a work first published in 1959 as Conflict of Law.
Huber, Ulrich (1689) 1937 De conflictu legum. Pages 64-78 in British Yearbook of International Law: 1937. Oxford Univ. Press. _ Text in English and Latin.
Jenks, C. Wilfred 1958 The Common Law of Mankind. New York: Praeger.
More Further Reading
Jessup, Philip C. 1956 Transnational Law. New Haven: Yale Univ. Press.
Katzenbach, Nicholas deB. 1956 Conflicts on an Unruly Horse: Reciprocal Claims and Tolerances in Interstate and International Law. Yale Law Journal 65:1087-1157.
Kegel, Gerhard (1960) 1964 Internationales Privatrecht: Ein Studienbuch. 2d ed., rev. Munich: Beck.
Lorenzen, Ernest G. (1910-1945) 1947 Selected Articles on the Conflict of Laws. New Haven: Yale Univ. Press.
McDougal, Myres S.; and Feliciano, Florentino P. 1961 Law and Minimum World Public Order: TheLegal Regulation of International Coercion. New Haven: Yale Univ. Press.
Morelli, Gaetano (1946) 1962 Elementi di diritto internazionale privato italiano. 7th ed. Naples (Italy): Jovene.
Niboyet, Jean P. 1938-1949 Traité de droit international privé français. 6 vols. Paris: Sirey.
Nussbaum, Arthur 1943 Principles of Private International Law. New York: Oxford Univ. Press.
Rabel, Ernst 1945-1958 The Conflict of Laws: A Comparative Study. 4 vols. Ann Arbor: Univ. of Michigan Press. _ A second edition is in progress.
Reese, Willis L. M. 1963 Conflict of Laws and the Restatement Second. Law and Contemporary Problems 28:679-699.
Savigny, Friedrich K. von (1849) 1880 Private International Law and the Retrospective Operation of Statutes: A Treatise on the Conflict of Laws 2d ed. Edinburgh: Clark. _ First published in German.
Story, Joseph (1834) 1883 Commentaries on the Conflict of Laws, Foreign and Domestic in Regard to Contracts, Rights, and Remedies, and Especially in Regard to Marriages, Divorces, Wills, Successions, and Judgements. 8th ed. Boston: Little.
Symposium on New Trends in the Conflict of Laws. 1963 Law and Contemporary Problems 28:673-869.
Voet, Johannes (1698-1704) 1955-1958 The Selective Voet: Being the Commentary on the Pandects. 8 vols. Translated with explanatory notes by Percival Gane. Durban (Union of South Africa): Butterworth. _ First published in Latin. Includes a supplement by Johannes van der Linden.
Conflict of Laws
Resources
See Also
- See private international law.
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