Jurisdiction of the Court; (ii) to make the
choice of law (lex causae) (iii) recognition and enforcement of foreign
decrees ... classify /characterize the cause of action and
select the law applicable(lex causae). As far the claim ½ share in the
Schedule properties by the Wife
page 1092 the rule has been stated thus:
"Since the lex causae and the lex fori may differ not only in the length ... after the period of limitation of the lex fori has expired although that of the lex causae has not yet expired, but will succeed
right or by way of extinction of the remedy) under the lex causae (of
another country), ought not to be entertained in England ... Mason CJ in the above case which sought to apply the lex
causae is illuminating. After stating that matters of substance should be
governed
governed by the lex fori, whereas the
matters of the substance are governed by lex causae. In this case, the
question whether the interest
country, this fails to distinguish between the
lex arbitri and the lex causae. In the present case, the parties
have not chosen a foreign substantive
exception based on public policy, that the limitation
rules of the lex causae are to be applied in actions in
England, even if those rules ... rules
are not to be applied unless English law is the lex
causae or one of two leges causae governing the
matter….”
29. This change
which the Court is directed by its choice of law rule
(lex causae), that being the proper law applicable to parties. Mr. Shah drew ... testator, being
the matter of substance, would be as per lex causae. That aspect would,
therefore, be governed by Section 63 of the Indian Succession
opined that the existence of maritime lien is subject to the lex causae, while the question of priorities between maritime liens is subject
other words, what system of law shall constitute the 'lex causae' in accordance with which the rights of the parties should be determined
which the Court is directed by its choice of law rule
(lex causae), that being the proper law applicable to parties. Mr. Shah drew ... testator, being
the matter of substance, would be as per lex causae. That aspect would,
therefore, be governed by Section 63 of the Indian Succession
