B.A. LL.B. (Five Years) Sem 10 Conflict of Laws 2018-19 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer in about one to two sentences (20 Marks)

1. (1) Who is an appointed guardian?
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2. (2) What is civil death?
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3. (3) What are the essential features of a void marriage?
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4. (4) What is Zihar?
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5. (5) What is adoption?
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6. (6) What is lex situs?
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7. (7) What is law of a country?
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8. (8) State the theories of characterization.
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9. (9) What are the elements of Domicile?
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10. (10) What are the kinds of marriage?
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Q.2 Q.2: Write short notes on (Any four) (20 Marks)

1. (1) Proper law of Contract
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2. (2) Recognition of foreign judgment
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3. (3) Restitution of Conjugal rights
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4. (4) Capacity to marriage
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5. (5) Foreign court theory
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6. (6) Principle of Lex Fori
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Q.3 Q.3: Solve any two (12 Marks)

1. (1) In the Spanish territorial waters, an English Ship collided with a pier. Owners of the Spanish pier brought an action for compensation in the English court against the English ship owners for the negligence of their servants who were navigating the ship. (a) What is the rule of 'double action ability'? (b) Were the ship owners held liable?
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2. (2) After the Bhopal gas tragedy, the worst industrial accident in history, Indian government sued the Union Carbide Corporation (UCC), a multinational company, in the United States of America federal court. The case was dismissed on the grounds of 'forum non conveniens'. (a) State what is 'forum non conveniens' (b) Why did the Indian government prefer to sue UCC in the American court?
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3. (3) A ship owned by an Italian company was chartered by French shippers to carry cargo from France to Italy. Payment of freight was to be made in Italian currency in Italy. Italian company was sued for short delivery and damage to cargo by the French shippers. (a) By which law would the contract be governed, Italian or French? (b) What is free consent?
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Q.4 Q.4: Answer any four out of the following (48 Marks)

1. (1) What is conflict of law? Trace its history and development.
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2. (2) How to classify the foreign element cases for choice of law?
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3. (3) Explain the concept of domicile and its kinds.
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4. (4) Discuss validity of contracts bringing out the formal and essential validity.
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5. (5) Discuss the law as to foreign judgment under our Civil Procedure Code.
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6. (6) Explain immunity from jurisdiction to foreign state, diplomats and international organizations.
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