Private International Law

Guru Ghasidas Vishwavidyalaya · LL.B. Semester 10 · LAIJTT2N

Unit I — Foundations of Private International Law

Meaning, nature, and scope of Private International Law · Historical evolution: development in England and India · Relevance in a globalized and transnational legal context · Theoretical foundations: Statutory, Territorial, International, Local Law, and the Justice theory · Sources of Private International Law: Custom, Judicial Decisions, Treaties, and National Legislation · Bases of Conflict of Laws: Comity, Convenience, and Justice

Unit II — Jurisdiction and Connecting Factors

Concept and basis of jurisdiction in cross-border civil and personal matters · Types of jurisdictions: territorial, personal, and subject-matter · Forum convenience and forum non-convenience doctrines · Connecting factors: domicile, nationality, habitual residence, situs, place of performance · Indian approach to assumption and recognition of foreign jurisdiction

Unit III — Choice of Law and Doctrinal Issues

Concept and significance of choice of law · Lex fori, lex causae, lex loci celebrationis, lex domicilii, lex situs · Characterization/classification of issues: procedural vs. substantive · Incidental questions and preliminary issues · The doctrine of renvoi : single and double renvoi , Indian position · Exclusion of foreign law: public policy and mandatory rules

Unit IV — Choice of Law in Marriage and Family Matters

Marriage: formal validity, capacity to marry, and the Dual Domicile Rule · Evolving concepts: de facto cohabitation, same-sex unions, and presumption of death · Matrimonial remedies: divorce, nullity, judicial separation, and financial reliefs · Adoption: Recognition of foreign adoptions, Hague Convention on Protection on Children and Co-operation in Respect of Inter Country Adoption, Jurisdictional aspects under Indian and English law,

Unit V — Choice of Law in Contract

Formal and essential validity of contracts in cross-border contexts · The doctrine of proper law of contract: subjective and objective theories · Discharge of contractual obligations: applicable legal regimes · Lex loci solutionis and the evolving jurisprudence on international arbitration agreements · Legal framework: Indian position and relevant international instruments

Unit VI — Choice of Law in Property

Jurisdiction theories in property matters · Jurisdiction under Common Law, Brussels Convention, and Lugano Convention · Choice of law in tangible and intangible movables: English and Indian perspectives · Legal approaches to the assignment of debts and other intangible property rights

Unit VII — Foreign Judgments and Arbitral Awards

Recognition and enforcement of foreign judgments under Indian law · Sections 13, 14, and 44A of the Code of Civil Procedure, 1908 · Grounds for refusal: fraud, breach of natural justice, lack of jurisdiction, violation of public policy · Enforcement of foreign arbitral awards · New York Convention and Geneva Convention · Part II of the Arbitration and Conciliation Act, 1996 · Public policy exception: scope and interpretation in Indian and international law