Provisions relating to private international law in Nepal

Published Date: 2023-01-27

What is private international law?

  • Private international law (also called a conflict of laws) consists of principles and rules for dealing with legal disputes with a foreign element: a cross-border divorce case, or transnational commercial disputes. IT is that part of law of any state which comes into operation when a court is called upon to determine a suit containing a foreign element.

Under which situation does private international law is applied?

  • Private international law is applied to any matter relating to private legal relationships involving a foreigner, foreign object, or any act done in a foreign country. Other than this it is applied as;
  1. Legal status of foreigner and his or her capacity.
  2. Matter relating to matrimonial relationship, paternal and maternal and other family relationships or partition or succession with at least one of the related parties whereof being a foreigner or the place of execution of any act of action related thereto being situated outside Nepal
  3. Matter related to property situated in a foreign country with at least one of the concerned parties being a foreigner
  4. Matter relating to contractual and non-contractual rights or obligations with at least one party being a foreigner
  5. Matter relating to a contract made in a foreign country.

What is foreigner under the chapter on provisions relating private international law?

  • The legal capacity of any foreign natural person shall be determined according to the law of the country of his or her nationality. In case if it cannot be determined as mentioned above to be determined according to the law of the country of his or her habitual residence, and even if such residence cannot be ascertained, according to the law of the country where he or she is residing for the time being.[ section 693 sub1 and 2 of civil code]

How to determine legal capacity of foreign legal person?

  • The legal capacity or status of a body corporate shall be determined according to the law of the country where it is registered, if the country of registration cannot be so ascertained, according to the law of the country where the headquarters of such body is located, and if even such a country can not be ascertained, according to the law of the country where the place of t transaction of such a body is located.[section 693 subsection 3 of national civil code, 2074]

How can a presumption of disappearance and death of a foreigner be made?

  • The matter shall be determined according to the law of the country of his or her nationality. If the nationality of a foreigner cannot be ascertained as mentioned above it shall be determined according to the 394 law of the country of his or her habitual residence, and even if the such residence cannot be ascertained, according to the law of the country of his or her residence immediately before making the presumption of his or her disappearance or death. [section 694 of civil code]

What is the process of determining the successor of a foreigner who died in Nepal?

  1. For the purpose of a succession of property of a person upon his or her death located in Nepal the successor shall be determined according to the law of the country of his or her nationality at the time of his or her death.
  2. In case of failure to determine as mentioned, it shall be determined according to the law of the country of his or her habitual residence at the time of his or her death, and if even such country cannot be ascertained, according to the law of Nepal.

Which country’s law is to be followed by Nepali citizens while conducting marriage abroad?

  • Section 699 of the civil code Nepali citizens to follow the laws of Nepal while concluding marriage in a foreign country.

What matters to be determined according to recognized principles of private international law?

  • While determining any matter that is not dealt with in the part involving a foreigner, foreign object, or act done in a foreign country, such a matter shall be determined according to the law of Nepal, if the law of Nepal provides separate provisions in relation to that matter and failing such separate provision, according to the recognized principle of private international law.

What is the provision regarding double nationality?

  • In the case of double nationality, the law of the country of habitual residence is applied.

What is the jurisdiction in private international law?

  • The country of Nepal shall have jurisdiction to adjudicate the proceedings and settle any disputes arising in connection with the matter between the foreigner and a citizen of Nepal, a foreigner residing in Nepal, a succession of a foreigner who had a property in Nepal, payment to be made in Nepal, different kinds of the contract made in Nepal and matter to be adjudicated by a court of Nepal.  
 
To consult or get legal advice from our expert private international laws in Nepal; Contact us at 977-01-4102849/977-9851059026, Prime Law Associates, Anamnagar, Kathmandu, info@primelawnepal.com, www. primelawnepal.com
 
This article is for informational purposes only and shall not be construed as legal advice, advertisement, personal communication, solicitation, or inducement of any sort from the firm or any of its members. The firm shall not be liable for consequences arising out of any action undertaken by any person relying on the information provided herein

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