Characterisation (law)

  • characterisation, or characterization, in conflict of laws, is the second stage of the procedure to resolve a lawsuit that involves foreign law. the process is described in english law as characterisation,[1] or classification within the english judgments of the european court of justice.[2] it is alternatively known as qualification in french law.[citation needed]

    it is used to determine the correct choice of law rules based on the circumstances of the case, primarily relating to matters of property. this is to reconcile differences between laws of different legal jurisdictions. the objective of characterisation is to determine the nature of the action brought by the defendant in order to determine what relevant rules of applicable law apply. this may result in applying laws which differ from the lex fori. additional factors make this determination not necessarily a simple process as the incidental question and renvoi can make determining the initial point of reference difficult. the leading authority in england and wales is macmillan inc v bishopsgate investment trust plc (no 3) [1996] wlr 387

  • overview
  • decision on law to be applied
  • process
  • under european union regulations
  • exclusion of foreign law
  • modern approach
  • references

Characterisation, or characterization, in conflict of laws, is the second stage of the procedure to resolve a lawsuit that involves foreign law. The process is described in English law as Characterisation,[1] or classification within the English judgments of the European Court of Justice.[2] It is alternatively known as qualification in French law.[citation needed]

It is used to determine the correct choice of law rules based on the circumstances of the case, primarily relating to matters of property. This is to reconcile differences between laws of different legal jurisdictions. The objective of characterisation is to determine the nature of the action brought by the defendant in order to determine what relevant rules of applicable law apply. This may result in applying laws which differ from the lex fori. Additional factors make this determination not necessarily a simple process as the incidental question and renvoi can make determining the initial point of reference difficult. The leading authority in England and Wales is Macmillan Inc v Bishopsgate Investment Trust plc (No 3) [1996] WLR 387