Private International Act

The Private International Act (국제사법/國際私法) is the law on conflict of laws to determine general principles and governing laws on the international jurisdiction regarding any legal relations which contain foreign factors.

Conflict of laws are discussed in the following areas:
 * Choice of law: the law which is being applied to resolve the dispute
 * Jurisdiction: whether the forum court has the power to resolve the dispute at hand
 * Foreign judgments: the ability to recognize and enforce a judgment from an external forum within the jurisdiction of the adjudicating forum.

Until the enactment of the new Act in 2001, the Foreign Private Law 1962 (섭외사법/涉外私法) had been implemented.

Key words
private international law, choice of law, characterization, jurisdiction, service of process

Gists of the New Act
The new Act has allegedly adopted the principles suggested by the Hague Conference on Private International Law.

The main points of the Act are:
 * To complete the criteria of "choice of law"
 * To materialize the gender equality
 * To expand the International jurisdiction provisions
 * To set up the "most closely connected" rule
 * To introduce the concept of "habitual residence" (상거소/常居所)
 * To enhance the "substantial law" principles
 * To enlarge the private autonomy (당사자자치/當事者自治)
 * To respect the international treaties including the Convention on the Law Applicable to Contractual Obigations (the "Rome Convention", 계약채무의 준거법에 관한 유럽공동체협약).

Content
Ch. 1. General Provisions

Ch. 2. Person

Ch. 3. Juristic Act

Ch. 4. Real Rights

Ch. 5. Claims

Ch. 6. Family

Ch. 7. Inheritance

Ch. 8. Note and Check

Ch. 9. Maritime Commerce

Analysis
The Act was analyzed and explained by a few scholars.