Subha. B, BBA. LLB (Hons), Alliance School of Law, Alliance University
ABSTRACT
Today, there are 195 countries in the world, every one featuring its own domestic legal system and different agents within its own boundaries. Each country has its own set of rules and regulations. Distinctive country has various domestic laws as well as distinct conflict rules, for instance, in some nations, the dissolution of a marriage is considered a violation of contract, whereas in others, it is considered a tort. This is because each nation has a unique set of regulations and laws. Private international law is a branch of law that emerged from the many laws that exist in several nations and that are applicable to interactions or economic transactions between private individuals of various nations. In this paper, the different types of theories and the application of precedent in private international law are examined. With the use of certain case laws, the research paper's first section discusses the application of precedent in private international law. The second part of the research study makes the revalent theories of PIL and its applications. It also examines the criticisms that each theory has received from various jurists. This paper therefore explains the importance of theories and usage of precedent in private international law which helps to promote justice and fairness in cross-border disputes, rather than simply to promote national interests.
Keywords: Private international law, Conflict of law,Various theories, Precedent, cross-border dispute.
