“CLASSIFICATION OF RULE OF LAW”

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILLMENT FOR THE COURSE-PRIVATE

INTERNATIONAL LAW FOR THE ATTAINING DEGREE OF B.B.A., LL.B. (HONS.)

SUBMITTED By- SUBMITTED TO:

ADITI CHANDRA (1806) DR. P.P. RAO

B.B.A., LL.B. (HONS.) F ACULTY OF PRIVATE

INTERNATIONAL LAW

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYANAGAR-MITHAPUR, PATNA

800001

September, 2021
 INTRODUCTION

“Private International Law” or “The Conflict of Laws” is that branch of law which deals with the
cases in which some relevant fact has a geographical connection with a foreign country or if
there is some foreign element involved in the case. There may exist a foreign element because
the parties may be citizens of a foreign country, or domiciled in a foreign country, and the
dispute may relate to their status or their property situated in that country; or the dispute may
relate to a contract between parties living in two different countries; or a suit may relate to a tort
committed. In all such cases, there exists a foreign element. And in all such cases where a
foreign element is involved, the principles of conflict of laws are applied. These principles are
applied by the courts as a part of applicable rules of domestic law.

In a conflict case, much depends on how the issue is classified or characterised. Is it an issue of
breach of contract or the commission of a tort? This may be labelled as ‘classification of the
cause of action’. Once this has been determined, the next stage is to ascertain the governing law
which, as we have seen, depends on some connecting factors, such as the lex situs, the lex loci
delicti, the lex domicilii, and so forth. These factors link the issue to a legal system. At this stage,
a second type of classification has to be done in order to identify the legal characteristic of a
particular rule. For instance, in English conflict of laws, capacity to marry is governed by the law
of each party’s ante-nuptial domicile, and formal validity of a marriage is governed by the law of
the country where the marriage is celebrated. Is the issue of parental consent classified as a rule
of capacity or formal validity? This question may arise in a different scenario; for instance, a
contract between an English employer and a French employee made and to be performed in
France. The applicable law to the contract is French. In an action brought in the English court for
breach of this contract, the English court will apply French law to issues of formal and essential
validity so long as these rules are rules of substance and not procedure. The latter is subject to
English law. However, problems may arise as to whether a particular rule is to be classified as
a rule of substance or procedure. This type of classification may be labelled as ‘classification
of a rule of law’.

Statement of Problem

To study the concept of Classification, qualification or characterization of Rule of law in detail.

Aims and Objectives

The primary objective of this project report is to:

 Understand the concept of Classification of Private International law

 Understand the concept of Classification of rule of law, its theories and relevant case
laws

Research Methodology

In this project Doctrinal Method of Research is used. Doctrinal Methods refer to Library
research, research or processes done upon some text’s writings or Documents, legal propositions
and Doctrines, Articles, Books as well as Online Research and Journals relating to the subject.
This project is an intensive one so this method is sufficient to address the findings and to arrive
at concrete conclusion

TENTATIVE CHAPTERIZATION

INTRODUCTION

 THE THEORY OF CLASSIFICATION

 CLASSIFICATION AS TO THE CAUSE OF ACTION

 CLASSIFICATION OF CONNECTING FACTORS

 CLASSIFICATION OF A RULE OF LAW

 THE QUALIFICATION, CLASSIFICATION, OR CHARACTERIZATION PROBLEM

IN THE CONFLICT OF LAWS

CONCLUSION

BIBLIOGRAPHY