Private International Law
Maharashtra National Law University, Aurangabad · LL.B. Semester 7
Unit I — Introduction
Basic overview of Conflict of laws/Private international law, Subject Matter, Characterization and stages, Types of theories and methods, Application of foreign law Exclusion of foreign law/ Renoi.
- Definition, meaning and scope of private international law
- Theories concerning private international law
- Sources of private international law
- 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
Unit II — Domicile and Residence
Importance of Domicile, types like, domicile of foreign/choice/corporation and dependent, Residence and Habitual residence, latest developments, Jurisdiction in Action in Personam and in rem, forum non-Conveniences and lis pendies, Foreign judgments.
- Domicile as deciding factor
- Concept of Domicile
- Common Law Approach
- Indian Approach
- 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
- Action in Rem: Admiralty Jurisdiction in India
- 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
Unit III — Marriages
Formal validity, Capacity, Consent of parties and polygamous marries, Limping marriages, same sex relationship, NRI issues and foreign judgments and implementation of foreign divorce decree in India.
Unit IV — Contracts and Torts
The law governing contract, Applicable law, material and formal validity, E-contracts and Private international law latest developments (UNCTRIAL), Torts and proper law of torts.
Unit V — Corporations and Corporations insolvency
Domicile and residence of corporations, Capacity and internal management, Winding up and receivers, Role of Hague conventions and working committee.