CONFLICT OF LAWS

CONFLICT OF LAWS

When a contract between persons and companies residing in different countries, or made in one country to be performed in another, the question arises as to which country’s law should govern the contract.

The solution of this question pertains to the subject matter known as private international law or conflict of laws.

The essential validity, interpretation and discharge of contract is governed by the law which the parties intended shall apply. That law is called the proper law of contract .The intention of the parties must be expressly stated in the contract, by the insertion of a clause to that effect.