Kinds of Law

Unit-3
Municipal Law and International
Law
 International Law
Public international law (or the law of nations) is a
body of customary or conventional rules which are
considered as legal binding by civilized states in
their intercourse with each other and is concerned
solely with the rights and obligations of sovereign
states.
Private international law (or the conflict of laws)
may be defined as the rules voluntarily chosen by
a given state for the decision of cases which have
a foreign element or complexion.
 Thus, where two Englishmen make a contract in Portugal
for the sale of goods situated in Lisbon, payment to be
made in London, an English court would certainly
recognize and apply Portuguese law as far as it affected the
validity of the contract.
The private international law forms part of municipal laws
of a state and is meant for purpose of deciding weather a
given case involving foreign element (it shall be
adjudicated upon by its own domestic laws or by laws of
some other state; and (ii) shall be subject of its courts of
some other state.
 Thus private international law deals with
cases in which some relevant fact has a
geographical connection with a foreign
country and may on that ground raise a
question as to the application of Indian or
some other appropriate foreign law to they
determination of the issue or as to the
exercise of jurisdiction by Indian or foreign
courts.
 The public international law is concerned
solely with rules concerning the rights and
obligation of the states (i.e. countries)
interest. Whereas, generally, speaking
individuals and their dealings are the sole
concerns of private international law.
 Procedural law comprises the set of rules
that govern the proceedings of the court in
criminal lawsuits as well as civil and
administrative proceedings. The court needs
to conform to the standards setup by
procedural law, while during the
proceedings.
 Substantive law is a statutory law that
deals with the legal relationship between
people or the people and the state.
Therefore, substantive law defines the rights
and duties of the people, but procedural law
lays down the rules with the help of which
they are enforced. The differences between
the two need to be studied in greater detail,
for better understanding.
 Comparison
Procedural Law Substantive Law
Elaborates on the steps Deals with the
which the case passes structure and facts of
through the case
No independent Independent powers to
powers decide the fate of a
Creates the machinery case
for the enforcement of Defines the rights and
law duties of citizens
 The public law is that branch of law which
determines and regulates the organization and
functioning of states (country). Also it regulates
the relation of the state (country) with its subjects.
Public law includes (i) constitutional law, (ii)
Administrative law (iii) criminal law, (iv)
municipal law (v) international law; criminal law
is enforced on behalf of or in the name of the state.
 On the other hand, private law is that branch
of the law which regulates those of the
relation of the citizens with one another as
are not of public importance .In this sense
the state, through its judicial organs,
adjudicates the matters in dispute between
them.
 In other words, it is primarily concerned with the
rights and duties of individuals to each other
.under it, the legal action is begun by the private
citizens to establish rights (In which the state is
not primarily concerned) against another citizens
or a group of citizens. Private law includes, (i)
Law of contract (ii) Law of tort (iii) Law of
property (iv) Law of succession, (v) family laws.
Private law is sometimes, referred to as civil law.
In the case of private law the role of the state is
merely to recognize and enforce the relevant law.
 1.Public law governs the individual, citizen or
corporation, and the state, while private law
applies to individuals.
2. Public law deals with a greater scope, while
private law deals with a more specific scope.
3. Public law deals more with issues that affect the
general public or the state itself, whereas, private
law focuses more on issues affecting private
individuals, or corporations.