Principles of Conflicting Personal Laws in Common Law: Jurisdiction, Adjudication, and Enforcement

Abstract

The resolution of conflicting personal laws in common law jurisdictions presents a complex legal challenge, requiring a careful balance of adjudication principles, jurisdictional considerations, and the enforcement of foreign judgments. This article explores the key principles governing the adjudication of conflicting interpersonal laws within common law systems, emphasizing jurisdictional doctrines such as presence and submission. It further examines the applicability of statutes, choice of law, and choice of forum in resolving disputes. The recognition and enforcement of foreign judgments are analysed in light of fraud, natural justice, and the principle of res judicata. Additionally, the article discusses the doctrine of renvoi, public policy considerations, and the role of equity, justice, and good conscience in legal determinations. The principle of universal or unitary succession, particularly in inheritance matters, is also explored, including the concept of scission of inheritance property. By critically assessing these principles, the study highlights the strengths and limitations of common law approaches to conflicting personal laws and suggests potential improvements for ensuring fairness and legal certainty.