CHARACTERISATION

• Lex Causea- Law that governs the dispute

• Lex Situs- Law of the place where the property is situated
• Lex Celebrationis- Place where marriage is performed
• Propositus- Person from whom lineage or ansectary is drawn
• Testator- One who makes the will
• Lex Fori- Law of the Forum
• A court cannot decide on the appropriate lex causea unless it applies a rule of conflict of
laws applied in the country and as these rules differ depending on the natureof the
problem before the court, it has to decide, first what the problem which it has to
resolve. This process is called characteristaion

• This is a 3 step process

• i. characterization of the relevant issue;
• ii. Selection of a rule of conflict of laws ;
• iii. Identification of the system of law which is tied by that connecting factor to that
issue;
• Rules of conflict of laws in India & England;
• Marriage- Capacity- Law of the Domicile & Validity- Lex Celebrationis

• If A, a girl of 17 years gets married with B who is 20 years old both being domiciled in
England but the Girl is from India while the Boy is from Italy and their marriage was
ceremonised in Germany. Then the validity of the marriage shall be determined by the
laws of Germany and the capacity of Girl & the boy shall be governed by the laws of
England.

• Succsession/Property- Movable- Law of Domicile & Immovable- Lex Situs.

• If A, a citizen of Canada has some immovable property in Dubai and a movable car in
Canada but A resides in India the succession to immovable property shall be according to
the law of Dubai and succession to the movable property shall be according to the laws
of India.