Determining the connecting factor — articulating the relevant private international law Principles

Your uncle, born in Kerala, has worked in Muscat for thirty years, holds an Indian passport, owns a flat in Kochi and a bank account in Oman. When he dies, which country's succession law applies to his savings? The facts point at India by nationality, at Oman by residence, and at Kochi by property. The court must pick one fact as the link. That fact is the connecting factor, and choosing it is the second stage of a conflict-of-laws problem.

In two minutes

A connecting factor is the fact that links a legal category to a particular legal system, such as domicile, nationality, residence, place of the property, place of contracting or performance, place of the wrong, or the parties' choice; the conflict rule states which factor governs which category.

The rest of this chapter

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