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A Comparative Analysis of the Conflict Situations and Choice of Laws in the Nigerian Legal System and Other Legal Systems

A Comparative Analysis of the Conflict Situations and Choice of Laws in the Nigerian Legal System and Other Legal Systems

Project / Seminar Material
Reference ID: PS-6318-TM

DEDICATION

This research material titled “A Comparative Analysis of the Conflict Situations and Choice of Laws in the Nigerian Legal System and Other Legal Systems” is dedicated to God for his enabling grace, and to all computer enthusiasts who contributed to make life a pleasant experience during my research documentation.

ACKNOWLEDGEMENT

I extend my sincere gratitude to all those who contributed to the completion of this project. Special thanks to my Supervisor (Name of your Supervisor), the Head of Department (Name of your HOD), the Lecturers in the department of Law, Book Authors and Profound Scholars of existing or related project material on “A Comparative Analysis of the Conflict Situations and Choice of Laws in the Nigerian Legal System and Other Legal Systems” for their invaluable guidance, support, and expertise throughout the journey.

I am also grateful to your study area (mention any funding organizations, if applicable) for their financial assistance. This research would not have been possible without the encouragement and assistance of some stakeholders (mention any mentors, teachers, or colleagues). Additionally, I would like to acknowledge the understanding and patience of my family and friends during this endeavor. Your unwavering support has been a constant source of motivation. Thank you all for being part of this meaningful endeavor.

ABSTRACT

Private International Law is that part of a law of a country which deals with cases having foreign element and usually comes into operation whenever courts are seized with such cases. The term ‘foreign element ’ means any system of law prevailing outside the lex fori, that is, the local law of the place where the court is situated. It includes not only the law existing in a state under a foreign political sovereign but also the law prevailing in a sub division of a political state of which the forum is part.

The law of England and any other law of a country outside Nigeria can be treated as a foreign law. The laws of Northern Nigeria can also be treated as foreign law in the Southern Nigeria. There is also the inter- state conflict of laws, a situation which arises due to the divergent laws in each state. With the increasing international relationship around the world, conflicts are bound to arise. Municipal laws of a State, which were promulgated and enacted into law to guide her own affairs, dffier from one country to the other. For example, the Nigerian Legal system has provisions different from English Legal system.

Therefore, whenever a course of action arises between the two legal systems, and a decision is arrived at, such decision is referred to as the choice situation. For the purpose of this long essay, we shall be examining issues like in cases of dispute involving two or more municipal laws, which law should prevail? How will a State’s attitude to foreign law affect its recognition and enforcement? Also, to what extent will the municipal court give effect within the domestic rules of international law, which are contrary to domestic law, in cases where two or more customary laws are applicable, for example, in Nigeria, which one should prevail? All these and more shall be discussed in this essay.


A Comparative Analysis of the Conflict Situations and Choice of Laws in the Nigerian Legal System and Other Legal Systems

CHAPTER ONE

1.1 Introduction

… As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Research hypothesis and questions, Limitation of the study and Definition of technical terms.

CHAPTER TWO

2.0 Literature Review

2.1 Introduction

This chapter focuses on the review of related literature. A literature review includes the current knowledge as well as theoretical and methodological contributions to a particular topic. It documents the state of the art with respect to the topic you are writing. It surveys the literature in the topic selected. In this research work the literature review includes the …

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