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8.4 Presentation PIL - 0b308b7d Eb42 434c 8be0 A1a9b0f45f92

The document discusses the concepts of action and extent of remedy in the context of private international law, highlighting the importance of jurisdiction, choice of law, and available remedies. It emphasizes the distinction between substantive and procedural law and how local laws can limit remedies available under foreign laws. Examples illustrate how remedies may differ across jurisdictions, particularly in cases involving foreign elements such as contracts and divorce judgments.

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diprashun.subedi2021
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24 views7 pages

8.4 Presentation PIL - 0b308b7d Eb42 434c 8be0 A1a9b0f45f92

The document discusses the concepts of action and extent of remedy in the context of private international law, highlighting the importance of jurisdiction, choice of law, and available remedies. It emphasizes the distinction between substantive and procedural law and how local laws can limit remedies available under foreign laws. Examples illustrate how remedies may differ across jurisdictions, particularly in cases involving foreign elements such as contracts and divorce judgments.

Uploaded by

diprashun.subedi2021
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Action and Extent of

Remedy
Presented by
Diprashun Subedi
Introduction
• Action: Refers to the legal claim or suit filed by a
person in court to enforce a right or to seek
justice.
• Extent of Remedy: Refers to how much and what
type of relief or compensation the court is
allowed to give the person bringing the action.
In Private International Law
• When a dispute has a foreign element (e.g., parties
from different countries, contracts signed abroad),
courts must decide:
• 1. Whether they can hear the case? (jurisdiction),
• 2. What law applies? (choice of law),
• 3. And finally, what remedies are available and to what
extent?
Key Ideas
• 1.Substantive vs. Procedural Law:
• Substantive law defines the rights and obligations (e.g., you can claim $1 million
under a contract).
• Procedural law governs how you enforce those rights in court (e.g., how to file
the case, time limits, evidence rules).
• The remedy can be partly influenced by both substantive and procedural law —
and sometimes, courts apply local procedural rules even for foreign substantive
claims.
• 2.Extent of Remedy is not always same in different jurisdictions:
• A remedy available under foreign law might not be available fully in the local
court due to public policy or procedural limitations.
Examples
• Example 1: Breach of Contract (Nepal and UK)
• A British company sues a Nepali firm in a Nepali court for
breach of a contract signed in the UK.
• The UK law says the plaintiff can claim punitive damages (extra
money as punishment).
• But Nepali law does not allow punitive damages.
• In this case, even if UK law governs the contract, Nepali courts
may limit the remedy to only compensatory damages because
punitive damages may go against public policy in Nepal.
• So, the extent of the remedy is reduced due to the local law.
Example 2

Foreign Divorce Judgment


• A couple married in France but living in Nepal files for divorce
in Nepal.
• French law allows compensatory alimony for up to 10 years.
• Nepali courts may recognize the divorce, but they may not
award the same amount or duration of alimony, especially if it
conflicts with local law or standards.
Summary

Term Meaning
Action Legal suit or claim filed in the court
Remedy Relief granted by the court
Extent of Remedy How much and what type of
remedy the court allows
Influenced by Applicable foreign law+ Local
Procedural rules+ public policy

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