Private International Law
Symbiosis Law School, Pune · LL.B. Semester 3 · 0101220315
Unit all
- 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
- The Scope of application of lex causae
- Substance and Procedure
- Depecage and Incidental question
- The Act of State Doctrine
- 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
- Action in Rem: Admiralty Jurisdiction in India
- EC Regulation on Jurisdiction and the Recognition and Enforcement of Judgment (Brussels Regulation I and Recast Regulation)
- The Mareva and Worldwide Mareva Injunctions — International Dimensions
- Effects of Jurisdiction Clauses in India and under the Common 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
- 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
- Governing Law and Transnational Contracts — Common Law and Indian Law
- Rome Regulation I on Contractual Obligations
- IMF and Exchange Contracts
- Negotiable Instruments
- Torts and Rome Regulation II [Non-Contractual Obligation]