Private International Law
Questions and Answers
Updated 2026
Definition (and nature) of PIL - Answer PIL - area of law that deals with private law matters
involving a foriegn element
--'private' e.g. contract, delict, UE, marriage/divorce, adoption + succession
--'foreign element' connects a matter to more than one legal system
e.g. parties could be domiciled or habitually resident in different countries; --or the event
giving rise to the claim may have occurred abroad;
--or a party may claim ownership of a moveable property that is situated abroad.
PIL - 3 main aspects
(why determine q's - each country haw their own court system aka no one single body of
law/court for the whol world to resolve disputes
--How to determine q's - according to PIL rules which differ from one legal system to another
unless harmonized) - Answer 1) Jurisdiction: Which court has jurisdiction to hear the case?
2) Applicable law: Which legal system should determine the merits of the dispute?
3) Recognition and enforcement of foreign judgments: Will/can a judgment given by the
courts of State A be recognised or enforced in State B?
PIL provides Answer to all these Q's - they are dealt with seperatly and they are dealt with
according to different rules
Examples in notes if you want more
,PIL - 3 main aspects/q's - order of Answering - Answer 1) Jurisdiction:
The first question to be determined in a case ----Which court has jurisdiction to hear the
case?
2) Applicable law:
If the court decides that it has jurisdiction, the second question to be determined is the
applicable law.
----Which law will the court apply?
***PIL does not resolve the substance of the dispute. It does not determine the rights and
obligations of the parties.
(courts will typically find experts in the foreign law and ask q's)
3) Recognition and enforcement:
After a dispute has been heard and decided in a court, the recognition and enforcement
question may arise. (may be no need)
Will/can a judgment given by the courts of State A be recognised or enforced in another
jurisdiction?
e.g. custody - recognize divorce in both Turkey and USA
Accident - one party sued damages, italy court heard case and thought one should pay
damages BUT defendant has NO assets in Italy - lives in Scotland.
Does not want to comply, ask scots courts to enforce although if he pays straight out then no
need)
Name of subject - Answer 3 names used:
-Conflict of laws
-Private international law
-International Private law (not used in England)
---In Scotland all are used interchangeably
,'Conflict' (in terms of first one) - conflict as to which court will hear the case and which law
will apply to the case
'Private' + 'international' (in terms of other two meanings) - P = PIL deals with private law
matters between private parties
I = refers to the EXISTENCE of a foreign element
Justification for PIL? - Answer Comity (courts respect each other - rec/enforce your
judgement and you do mine)
Doing justice to the parties (giving effect to the legitimate expectations of parties,
respecting party autonomy
Achieving uniformity of decisions (reducing forum shopping, increasing legal certainty
Relevance of PIL - Answer PIL is not a new discipline. Its origin goes back to the Roman
Empire where personal law varied depending on whether one was a citizen
PIL is becoming more and more important due to the globalisation and regional integration:
---Cross-border business transactions
---Cross-border consumer transactions
---International family law issues (e.g. divorce; child abduction; adoption)
---Travel (e.g. delicts committed/suffered abroad)
EUPILLAR project findings for demand for cross border legal advice in Scotland (only EU
related disputes)
---Contract - High in oil/gas
---Delict - reasonable demand in personal injury cases (scot travelling abroad or while
travelling, foreign nationals who are injured abroad but but reside here or foreign nationals
injured here)
, ---Family - demand for cross-border legal advice here sought by foreign nationals + domiciled
Scottish expats. Claimants not habitually resident in Scotland come up increasingly regularly
Sources of PIL - Answer PIL - part of national; law of EACH state - Scotland has its own
principles of PIL ----(played important role in PIL like the Doctrine of Forum non Conveniens
which gives a court discretion to hear a case or send to another more appropriate venue)
The sources of PIL include:
--common law,
--acts of Parliament
--act of EU institutions
--international conventions adopted by the Hague Conference on Private International Law.
--Scottish courts refer extensively to English literature and case-law in their judgments.
PIL and other areas of Law - Answer PIL has connections with different areas of law:
--All areas of private law (can have a foriegn element - contract, delict, succession, property)
--EU law (harmonised by EU regulations relevant with private law)
--Comparative law (sometimes used as a method in PIL)
--Public international law (relations between states though)
--Human rights law (particularly procedural q's can be relevant)
Harmonsiation effects - Answer PIL rules differ from one legal system to another.
----Through harmonisation, the differences between the legal systems are reduced (private
law useful)
Harmonisation at the EU level:
--PIL has been largely harmonised in the EU.
Questions and Answers
Updated 2026
Definition (and nature) of PIL - Answer PIL - area of law that deals with private law matters
involving a foriegn element
--'private' e.g. contract, delict, UE, marriage/divorce, adoption + succession
--'foreign element' connects a matter to more than one legal system
e.g. parties could be domiciled or habitually resident in different countries; --or the event
giving rise to the claim may have occurred abroad;
--or a party may claim ownership of a moveable property that is situated abroad.
PIL - 3 main aspects
(why determine q's - each country haw their own court system aka no one single body of
law/court for the whol world to resolve disputes
--How to determine q's - according to PIL rules which differ from one legal system to another
unless harmonized) - Answer 1) Jurisdiction: Which court has jurisdiction to hear the case?
2) Applicable law: Which legal system should determine the merits of the dispute?
3) Recognition and enforcement of foreign judgments: Will/can a judgment given by the
courts of State A be recognised or enforced in State B?
PIL provides Answer to all these Q's - they are dealt with seperatly and they are dealt with
according to different rules
Examples in notes if you want more
,PIL - 3 main aspects/q's - order of Answering - Answer 1) Jurisdiction:
The first question to be determined in a case ----Which court has jurisdiction to hear the
case?
2) Applicable law:
If the court decides that it has jurisdiction, the second question to be determined is the
applicable law.
----Which law will the court apply?
***PIL does not resolve the substance of the dispute. It does not determine the rights and
obligations of the parties.
(courts will typically find experts in the foreign law and ask q's)
3) Recognition and enforcement:
After a dispute has been heard and decided in a court, the recognition and enforcement
question may arise. (may be no need)
Will/can a judgment given by the courts of State A be recognised or enforced in another
jurisdiction?
e.g. custody - recognize divorce in both Turkey and USA
Accident - one party sued damages, italy court heard case and thought one should pay
damages BUT defendant has NO assets in Italy - lives in Scotland.
Does not want to comply, ask scots courts to enforce although if he pays straight out then no
need)
Name of subject - Answer 3 names used:
-Conflict of laws
-Private international law
-International Private law (not used in England)
---In Scotland all are used interchangeably
,'Conflict' (in terms of first one) - conflict as to which court will hear the case and which law
will apply to the case
'Private' + 'international' (in terms of other two meanings) - P = PIL deals with private law
matters between private parties
I = refers to the EXISTENCE of a foreign element
Justification for PIL? - Answer Comity (courts respect each other - rec/enforce your
judgement and you do mine)
Doing justice to the parties (giving effect to the legitimate expectations of parties,
respecting party autonomy
Achieving uniformity of decisions (reducing forum shopping, increasing legal certainty
Relevance of PIL - Answer PIL is not a new discipline. Its origin goes back to the Roman
Empire where personal law varied depending on whether one was a citizen
PIL is becoming more and more important due to the globalisation and regional integration:
---Cross-border business transactions
---Cross-border consumer transactions
---International family law issues (e.g. divorce; child abduction; adoption)
---Travel (e.g. delicts committed/suffered abroad)
EUPILLAR project findings for demand for cross border legal advice in Scotland (only EU
related disputes)
---Contract - High in oil/gas
---Delict - reasonable demand in personal injury cases (scot travelling abroad or while
travelling, foreign nationals who are injured abroad but but reside here or foreign nationals
injured here)
, ---Family - demand for cross-border legal advice here sought by foreign nationals + domiciled
Scottish expats. Claimants not habitually resident in Scotland come up increasingly regularly
Sources of PIL - Answer PIL - part of national; law of EACH state - Scotland has its own
principles of PIL ----(played important role in PIL like the Doctrine of Forum non Conveniens
which gives a court discretion to hear a case or send to another more appropriate venue)
The sources of PIL include:
--common law,
--acts of Parliament
--act of EU institutions
--international conventions adopted by the Hague Conference on Private International Law.
--Scottish courts refer extensively to English literature and case-law in their judgments.
PIL and other areas of Law - Answer PIL has connections with different areas of law:
--All areas of private law (can have a foriegn element - contract, delict, succession, property)
--EU law (harmonised by EU regulations relevant with private law)
--Comparative law (sometimes used as a method in PIL)
--Public international law (relations between states though)
--Human rights law (particularly procedural q's can be relevant)
Harmonsiation effects - Answer PIL rules differ from one legal system to another.
----Through harmonisation, the differences between the legal systems are reduced (private
law useful)
Harmonisation at the EU level:
--PIL has been largely harmonised in the EU.
