29 Dec

CONFLICT 1.5 LIMITS TO THE APPLICATION OF OTHERWISE APPLICABLE LAWS

LIMIT TO THE APPLICATION OF FOREIGN LAWS. Just as the topic sounds… Where foreign law would not apply to govern a case. Non-choice areas. Exclusion of Foreign Laws. NON-CHOICE AREAS Areas where the forum law[1] rather than foreign law would apply. They include: Matrimonial causes. (Divorce, nullity, separation, maintenance). Guardianship, custody and adoption cases. Admiralty […]

29 Dec

CONFLICT 1.6 PERSONAL CONNECTING FACTORS

PERSONAL CONNECTING FACTORS. Many are of the view that the law of the country/place where the parties have a substantial connection with should apply. This is known as personal law. It follows a man wherever he goes. Personal connecting factors include: Domicile (applied in England and many other common-law countries like Nigeria). Nationality (applied in […]

29 Dec

CONFLICT 1.7 MORE DISCUSSIONS ON MARRIAGE

MORE DISCUSSION ON MARRIAGE. :: A marriage may be valid or invalid. :: An invalid marriage may either be void or voidable. :: In the eyes of the law, a void marriage is regarded as though it never occurred in the first place. For example where the parties are within the prohibited degrees of consanguinity […]