Conflict of Laws
The course aims at explaining the principles of the Private International Law, also known as Conflict of Laws. The students will be learning the rules that enable finding that law of that country which will govern disputes among private parties involving a foreign element. This course introduces students to private international law, as to the fundamental concepts and mechanism of the branch of law, and the legislative rules, judicial interpretations issued by Authorities. The students will be introduced to practical aspects of civil and commercial practice relating to cross border issues involving contracts, property, succession, marriage, divorce, and adoption. Study of this law will also give an international and comparative perspective to the stu
University of Mumbai · B.L.S. Semester 10 · 4 modules · 38 topics · 38 written.
Module 1 — Introduction and Stages of Analysis in Private International Law
- 1.1 Definition, meaning and scope of private international law
- 1.2 Theories concerning private international law
- 1.3 Sources of private international law
- 1.4 Primary Characterization — defining the legal nature of the cause of action
- 1.5 Determining the connecting factor — articulating the relevant private international law Principles
- 1.6 Delimitation and application of lex causae
- 1.7 Doctrine of Renvoi
- 1.8 The Scope of application of lex causae
- 1.9 Substance and Procedure
- 1.10 Depecage and Incidental question
- 1.11 The Act of State Doctrine
Module 2 — Issues Relating to Jurisdiction and Enforcement of Foreign Judgment.
- 2.1 General Issues relating to jurisdiction
- 2.2 Jurisdiction and its implications in private International Law
- 2.3 Action in personam and action in rem in private international law
- 2.4 Action in personam: actor sequitur forum rei principle and its implications
- 2.5 In Personam Jurisdiction — The English Common Law and Indian Position
- 2.6 Action in Rem: Admiralty Jurisdiction in India
- 2.7 EC Regulation on Jurisdiction and the Recognition and Enforcement of Judgment (Brussels Regulation I and Recast Regulation)
- 2.8 The Mareva and Worldwide Mareva Injunctions — International Dimensions
- 2.9 Effects of Jurisdiction Clauses in India and under the Common Law
- 2.10 Enforcement of foreign Judgments
- 2.11 Need recognizing foreign judgments 8.2 Limitations in recognizing and enforcement
- 2.12 Section 13, 14 and 444 of C.P.C. and S. 41 of the Indian Evidence Act
- 2.13 Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters, 1968
Module 3 — Applicable Law – Family Matters
- 3.1 Domicile as deciding factor
- 3.2 Concept of Domicile
- 3.3 Common Law Approach
- 3.4 Indian Approach
- 3.5 Jurisdiction and Choice of Law Issues in Family Matters
- 3.6 Marriage and Matrimonial Causes
- 3.7 Legitimacy and Legitimation
- 3.8 Adoption, Guardianship and Child Custody (Jurisdiction and Choice of Law Issues)
- 3.9 Hague Conference on Private International Law