Private International Law
Chaudhary Devi Lal University · LL.B. Semester 6 · 509 B
Unit I
Meaning, Definition, Nature and Subject matter of Private International Law/conflict of Law, Difference between Public and Private International Law, Stages in Private International Law Case · Choice of Jurisdiction: Meaning, basis of Jurisdiction, Limitations Effectiveness Principle-Relevant · CPC provisions regarding Jurisdiction (Ss 15-20, 83, 84, 86), Kinds of Jurisdictions: Actions in Personam and Action in Rem, Action under assumed discretionary Jurisdiction, Inherent Jurisdiction 10 and 151 of CPC, Choice of Law: Allocation of Juridical category to the foreign element case, Connecting Factor: Lex fori to determine, Selection of Lex Causae through connecting factor, Application of Lex Causae-three meanings of Lex causae-Renvoi (Partial and total), critical analysis of Renvoi-Indian Position.
- Definition, meaning and scope of private international law
- Theories concerning private international law
- General Issues relating to jurisdiction
- Jurisdiction and its implications in private International Law
- Action in personam and action in rem in private international law
- Section 13, 14 and 444 of C.P.C. and S. 41 of the Indian Evidence Act
Unit II
Concept of Domicile, Elements-intention and residence, kinds of Domicile-Domicile of origin, Domicile of Choice, Domicile of Dependence (Married Women s position in Indian and English · Laws), Domicile of Corporation. · Concept of Status, incidents of status, what law governs status and universality of status, Concept of Nationality.
Unit III
Marriage; Formal validity by Lex Loci celebrations and Essential validity usually governed by Lex · Domicilii Matrimonial Causes, Law of Property-Characterization, transfer to tangible movables · Assignment of intangible movables. Succession Testate and intestate (involuntary Assignment) relevant provision of Indian Succession Act,1925 Wills-formal and essential validity, make will (movables generally) Lex Situs in case of immovables
Unit IV
Commercial contracts: Validity of Contract, Capacity to Contract Formal Validity-1 · Contractus governs, essential validity-proper law is usually accepted as g0veining, discharge of contract, Doctrine of Proper Law of rentract · Lex Domicilii to Torts: Importance of private International Law in the Field of Torts such as Drugs, Environments, Transport and Satellite communication · Recognition and Enforcement of Foreign Judgment: Need for Recognizing Foreign Judgment, be Limitations in Recognizing and Enforcement (Ss 13, 14, 444 of CPC and S 41 of Indian Evident Act)