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Conflict of Laws

CONFLICT OF LAWS (also called Private International Law) is a branch of the law dealing with the adjudication of a matter which involves some foreign element, for instance, the fact that one of the parties is a foreign citizen, or that the matter at issue arose, wholly or in part, in another country – as in the case of a contract signed in one country and breached in another – and the like. Where there is a conflict of laws, two main questions arise: does the forum in question have jurisdiction to deal with the matter; if it has jurisdiction, what law shall be chosen to apply to the matter? The choice of laws available to the forum include the following main possibilities: (1) The personal law (lex personalis) by which the plaintiff or defendant is governed; the personal law may be determined either by the law of the party's place of domicile (lex domicilii) or by his national law (lex ligeantiae); (2) the law of the place where obligation was established, for instance, the place where the contract was concluded (lex actus; lex loci contractus); (3) the law of the place where the legal act is to be carried out, for instance, the fulfillment of a contract (lex loci solutionis); (4) the law of the place of situation of the property forming the subject matter of the dispute (lex situs); (5) the law of the place of situation of the forum seized of the dispute (lex fori). (See A.V. Dicey and J.H.C. Morris, 1967/8.)

This entry is arranged according to the following outline:

ADD. BIBLIOGRAPHY:

M. Elon, Ha-Mishpat ha-Ivri (1988), 1:10, 58ff., 70f., 189f., 556f., 600, 711, 760; 2:1088, 1238f.; 3:1485ff.; idem., Jewish Law (1994), 1:9f., 64f., 78f., 212f.; 2:677, 743, 878; 3:1311, 1482f, 1766f.; idem., Ma'amad ha-Ishah (2005), 290f.; M. Elon and B. Lifshitz, Mafte'aḥ ha-She'elot ve-ha-Teshuvot shel Ḥakhmei Sefarad u-Ẓefon Afrikah, 1 (1986), 48; B. Lifshitz and E. Shochetman, Mafte'aḥ ha-She'elot ve-ha-Teshuvot shel Ḥakhmei Ashkenaz, Ẓarefat ve-Italyah (1997), 33.