|
|
Conflict of Laws Commercial and other civil cases may give rise to problems involving a foreign element; where there is a need to consider a system of law other than the domestic law of New Zealand. Members of Chambers are experienced in handling such cases. The foreign element may become relevant because of the provisions of a contract (if governed by a foreign law) or because the contract was made, or to be performed, in a foreign country. Other examples are where a tort, such as negligence, is committed in a foreign country, where the property in dispute is situated overseas, or where the parties are not New Zealanders. Different legal systems often have different legal rules governing particular areas of the law. The New Zealand court then needs to determine, on the basis of New Zealand conflicts (or choice of law) rules, which laws are to govern particular aspects of the legal problem to be decided. Conflicts cases usually involve determining whether the New Zealand court has jurisdiction and, if so, whether New Zealand law or the law of a foreign country applies to the problem. When the conflict rules point to the applicability of foreign laws, such laws must be proved as a matter of evidence. Often the Court in New Zealand has to decide whether it or the Court of another country is the appropriate forum for a dispute. Another name for this branch of law is 'private international law'. |