Private International Law

University of Burdwan · LL.B. Semester 5 · LOC 3.5.7 (B)

Unit I

a) Private International Law: Nature and scope b) Difference between Private and public International Law c) Scope of Private International Law d) Theories of Private International Law e) Subjects of Private International Law

Definition, meaning and scope of private international law
Theories concerning private international law
Sources of private international law

Unit II

a) Jurisdiction: Meaning and bases i. Choice of Law ii. Domicile iii. Residence iv. Renvoi and Indian Position v. Forum Convenience b) CPC and Jurisdiction: Relevant Provisions

General Issues relating to jurisdiction
Domicile as deciding factor
Concept of Domicile
Common Law Approach
Indian Approach
Doctrine of Renvoi
Section 13, 14 and 444 of C.P.C. and S. 41 of the Indian Evidence Act

Unit III

a) Selected areas of Conflict and Private International Law i. Capacity ii. Contract iii. Property iv. Marriage and divorce v. Succession vi. Adoption

Marriage and Matrimonial Causes
Legitimacy and Legitimation
Adoption, Guardianship and Child Custody (Jurisdiction and Choice of Law Issues)
Governing Law and Transnational Contracts — Common Law and Indian Law

Unit IV

a) Enforcement of Foreign Judgments and decree in India i. Conditions of recognition and enforcement ii. Procedure of enforcement and recognition of foreign judgment iii Proof of foreign laws.

Enforcement of foreign Judgments
Need recognizing foreign judgments 8.2 Limitations in recognizing and enforcement
Section 13, 14 and 444 of C.P.C. and S. 41 of the Indian Evidence Act