Conflict of Laws. Negotiable Instruments. Negotiation by Forged Indorsement in Foreign Country

1935 ◽  
Vol 2 (3) ◽  
pp. 479
Keyword(s):  
Foreign Country ◽  
Conflict Of Laws

Exclusion of Foreign Law

2019 ◽  
pp. 17-21
Author(s):  
V.C. Govindaraj
Keyword(s):  
Public Policy ◽  
Public Law ◽  
Foreign Country ◽  
Conflict Of Laws ◽  
The Public ◽  
Foreign Law ◽  
Penal Law ◽  
Indian Law

This chapter discusses restrictions to the enforcement of foreign laws under Indian law. Section 23 of the Indian Contract Act, 1872, forbids an Indian court from recognizing or enforcing a contract where such recognition or enforcement would be opposed to Indian public policy, or where such contract was obtained by fraud. A well-known principle of conflict of laws is that a court will not enforce a foreign penal law, either directly or indirectly. Foreign revenue laws are comparable to foreign penal laws from the standpoint of enforceability. As a matter of principle, a court will not enforce the public law of a foreign country, though the scope and ambit of this principle remains nebulous.

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