Part II Preliminary Topics, 3 Classification

Subject(s):

Choice of law clauses — Marriage — Limitations on jurisdiction

This chapter discusses the classification of the cause of action and the classification of a rule of law as they relate to private international law. Classification of the cause of action refers to the allocation of the question raised by the factual situation before the court to its correct legal category, whereas classification of a rule of law is the identification of the department of law under which a particular legal rule falls. After explaining what ‘classification of the cause of action’ and ‘classification of a rule of law’ mean, the chapter considers the basis on which classification is made. In particular, it looks at two cases that illustrate the international spirit in which English judges fulfil the task of classification. It also examines the classification of an English rule and classification of a foreign rule (parental consent to marry, bona vacantia).