International Private Law
1. What is International Private Law?
International Private Law
= Decides which country’s law must be applied when a case involves more than one country (for example
different nationalities, different places, different legal systems).
It does not decide who wins the case.
It only decides which legal system the court must use.
2. First Principle: Lex Fori
Lex fori
= The law of the country where the court is located.
For example:
- A Belgian court starts from Belgian rules.
- A French court starts from French rules.
BUT
However, the applicable law is not always the law of the court.
Sometimes the judge must apply foreign law.
3. How can a court apply foreign law?
A court can apply foreign law using:
- certificates of foreign law
- information from diplomatic authorities
- explanations from legal experts or professors
This ensures that foreign law is applied correctly.
4. How do we choose which country’s law applies?
The court looks at connecting factors (important links to a specific country).
Accidents or damage
Use the law of the place where the damage occurred.
Lex loci delicti / lex loci damni.
Real estate (immovable property)
Always use the law of the country where the property is located.
Lex rei sitae.
Contracts
Step 1: Check whether the parties chose a governing law.
Step 2: If they did not choose, apply the law most closely connected to the contract.
Exception: Public Order
If the foreign law goes against fundamental national principles or basic values, the court may refuse to apply it
and instead apply its own national law (lex fori).
5. Practical Examples
A car accident happens in France, but the people involved are Belgian.
French law applies, because the accident happened in France.
A Belgian person owns a house in Spain.
Spanish law applies, because the house is located in Spain.
A Belgian company and a Japanese company sign a contract and choose “Belgian law applies.”
Belgian law will apply.
If a foreign law requires something that is against public order or human rights, the court may refuse to apply it
and use its own national law instead.
6. Why is International Private Law important?
- Different countries have different legal systems
- International situations are common
- It ensures fairness and legal certainty
,International Private Law
Creates clear rules to decide which law should be applied in cross-border situations.
Short Summary
International Private Law determines which country’s law applies in international legal situations.
Courts start from their own law (lex fori) but may have to apply foreign law depending on connecting
factors.
Foreign law is not applied when it conflicts with public order.
, Double nationality
1. What is double / multiple nationality?
Double or multiple nationality
= One person is legally a citizen of two or more countries at the same time.
Citizenship
A legal bond between an individual and a state.
When someone has multiple citizenships, they have legal connections to more than one state.
This topic mainly concerns:
- how citizenship is acquired
- how citizenship can be lost
- when multiple citizenship is allowed or problematic
2. Ways to acquire citizenship
Ius soli (right of the soil)
= Citizenship is obtained by being born on the territory of a country.
Countries that apply unconditional birthright citizenship include:
- United States
- Canada
- Many Latin American countries
A common issue is “birth tourism,” where parents travel to a country to give birth so the child can obtain
citizenship.
Ius sanguinis (right of blood)
= Citizenship is obtained through parents.
Originally this was mainly through the father, but today it is usually through either parent.
In some countries citizenship can even come from a grandparent.
Most countries apply ius sanguinis, and children born abroad can still obtain citizenship.
Citizenship by marriage (iure matrimonii)
= A person may acquire citizenship through marriage to a national of another country.
Different systems exist:
- automatic citizenship at marriage in some states
- loss of citizenship if the marriage does not last long enough in some states
- or a faster naturalization procedure rather than automatic citizenship
Naturalization
= This is the legal process through which a non-national becomes a citizen.
Example: Belgium
Citizenship is granted by decision of the House of Representatives or through declaration procedures, usually
with strict conditions and increasing difficulty.
Adoption
= A minor adopted by at least one national parent may obtain citizenship.
For adult adoption, citizenship is normally not automatic.
Citizenship by investment
= Certain countries grant citizenship in exchange for significant financial investment.
Examples include:
- in Europe: Austria, Cyprus, Malta
- in the Caribbean: Antigua and Barbuda, Grenada, Dominica, St. Kitts & Nevis, St. Lucia
- in Asia: Cambodia
1. What is International Private Law?
International Private Law
= Decides which country’s law must be applied when a case involves more than one country (for example
different nationalities, different places, different legal systems).
It does not decide who wins the case.
It only decides which legal system the court must use.
2. First Principle: Lex Fori
Lex fori
= The law of the country where the court is located.
For example:
- A Belgian court starts from Belgian rules.
- A French court starts from French rules.
BUT
However, the applicable law is not always the law of the court.
Sometimes the judge must apply foreign law.
3. How can a court apply foreign law?
A court can apply foreign law using:
- certificates of foreign law
- information from diplomatic authorities
- explanations from legal experts or professors
This ensures that foreign law is applied correctly.
4. How do we choose which country’s law applies?
The court looks at connecting factors (important links to a specific country).
Accidents or damage
Use the law of the place where the damage occurred.
Lex loci delicti / lex loci damni.
Real estate (immovable property)
Always use the law of the country where the property is located.
Lex rei sitae.
Contracts
Step 1: Check whether the parties chose a governing law.
Step 2: If they did not choose, apply the law most closely connected to the contract.
Exception: Public Order
If the foreign law goes against fundamental national principles or basic values, the court may refuse to apply it
and instead apply its own national law (lex fori).
5. Practical Examples
A car accident happens in France, but the people involved are Belgian.
French law applies, because the accident happened in France.
A Belgian person owns a house in Spain.
Spanish law applies, because the house is located in Spain.
A Belgian company and a Japanese company sign a contract and choose “Belgian law applies.”
Belgian law will apply.
If a foreign law requires something that is against public order or human rights, the court may refuse to apply it
and use its own national law instead.
6. Why is International Private Law important?
- Different countries have different legal systems
- International situations are common
- It ensures fairness and legal certainty
,International Private Law
Creates clear rules to decide which law should be applied in cross-border situations.
Short Summary
International Private Law determines which country’s law applies in international legal situations.
Courts start from their own law (lex fori) but may have to apply foreign law depending on connecting
factors.
Foreign law is not applied when it conflicts with public order.
, Double nationality
1. What is double / multiple nationality?
Double or multiple nationality
= One person is legally a citizen of two or more countries at the same time.
Citizenship
A legal bond between an individual and a state.
When someone has multiple citizenships, they have legal connections to more than one state.
This topic mainly concerns:
- how citizenship is acquired
- how citizenship can be lost
- when multiple citizenship is allowed or problematic
2. Ways to acquire citizenship
Ius soli (right of the soil)
= Citizenship is obtained by being born on the territory of a country.
Countries that apply unconditional birthright citizenship include:
- United States
- Canada
- Many Latin American countries
A common issue is “birth tourism,” where parents travel to a country to give birth so the child can obtain
citizenship.
Ius sanguinis (right of blood)
= Citizenship is obtained through parents.
Originally this was mainly through the father, but today it is usually through either parent.
In some countries citizenship can even come from a grandparent.
Most countries apply ius sanguinis, and children born abroad can still obtain citizenship.
Citizenship by marriage (iure matrimonii)
= A person may acquire citizenship through marriage to a national of another country.
Different systems exist:
- automatic citizenship at marriage in some states
- loss of citizenship if the marriage does not last long enough in some states
- or a faster naturalization procedure rather than automatic citizenship
Naturalization
= This is the legal process through which a non-national becomes a citizen.
Example: Belgium
Citizenship is granted by decision of the House of Representatives or through declaration procedures, usually
with strict conditions and increasing difficulty.
Adoption
= A minor adopted by at least one national parent may obtain citizenship.
For adult adoption, citizenship is normally not automatic.
Citizenship by investment
= Certain countries grant citizenship in exchange for significant financial investment.
Examples include:
- in Europe: Austria, Cyprus, Malta
- in the Caribbean: Antigua and Barbuda, Grenada, Dominica, St. Kitts & Nevis, St. Lucia
- in Asia: Cambodia
