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
- General Issues relating to jurisdiction
- Jurisdiction and its implications in private International Law
- Action in personam and action in rem in private international law
- Action in personam: actor sequitur forum rei principle and its implications
- In Personam Jurisdiction — The English Common Law and Indian Position
- Effects of Jurisdiction Clauses in India and under the Common Law
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
- Primary Characterization — defining the legal nature of the cause of action
- Determining the connecting factor — articulating the relevant private international law Principles
- Delimitation and application of lex causae
- Doctrine of Renvoi
- The Scope of application of lex causae
- Substance and Procedure
- Depecage and Incidental question
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,
- Domicile as deciding factor
- Concept of Domicile
- Common Law Approach
- Indian Approach
- Jurisdiction and Choice of Law Issues in Family Matters
- Marriage and Matrimonial Causes
- Legitimacy and Legitimation
- Adoption, Guardianship and Child Custody (Jurisdiction and Choice of Law Issues)
- Hague Conference on Private International 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
- 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
- Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters, 1968
- Enforcement of Certain Foreign Awards