Definition of Private International Law
The term civil law is one term in the realm of jurisprudence that is very familiar in our ears. Usually, civil law term used as 'opponents' of the term criminal law. The term civil law can be synonymous with civielrecht or privatrecht , the law governing the interests of an individual or individuals. The interests of individuals or individual as a citizen need to be considered, even if it is outside their own country when undergoing keperluannya abroad. Therefore, emerging private international law, in general terms of civil law international is the overall rules and legal principles that govern the relationship civil across State borders or laws governing the relationship of civil law between the perpetrators of the law, each subject to the civil law (national ) different
Definition of Private International Law According to Some Experts
As with other legal science field of study, a study of private international law also have different understandings and definitions between the leaders. The notion of civil law internationally, according to some experts may be understood as follows:
According to Prof. Dr. Mochtar Kusumaatmadja, Private International Law is the overall rules and principles of law governing civil relationships transcend national boundaries, or in other words, the law governing legal relationships between actors, each subject to the civil law (national) different.
According to RH Graveson, Private International Law with regard to cases that in it contains the relevant facts relating to a legal system other, either because teritorialistasnya can menumbulkan legal issues themselves or foreign law to decide the case or cause problems implementing jurisdiction of the court itself or foreign ,
Furthermore, in addition to the law p er data is internationally above, we can also see the point of junction International Private Law. Point link is or the circumstances that led to the enactment of a stelsel law and is divided into two, namely primary and secondary. The primary junction point is a factor and condition or set of facts which gave birth or create relationships International Law, while the secondary junction point is a factor or a set of facts that the law determines which to use or apply in a relationship International Law (link decisive points).
To resolve the conflict or problem of international civil someone, we are obliged to understand the sense of civil law existing international first. Then, we determine the junction point of the problem, so it can be known whether it is the realm of private international law or not as well as the clarity of the elements and the fact the field. If all is clear, then the case was decided. Well, after knowing that sense of course, your insights will be growing and you get a variety of new knowledge is not it?
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International Law
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