LL.B. (Three Years) Sem 6 Conflict of Laws Nov 2013 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q4 Answer the following questions in one or two sentences : 20 marks
   • a) What is meant by Lexsitus?
   • b) Who is the Natural Guardian of married girl under Guardianship and Wards Act
   • c) What do you mean by Khula?
   • d) What do you mean by Status?
   • e) Give any one distinction between lexPatrie and lex domicile
   • f) Write two remedies available to the parties when there is Breach of Contract
   • g) Is presumption of death a ground of divorce? Justify
   • h) Give any one difference between Public and Private International Law
   • i) What principle was enunciated in Boys vs. Chaplin?
   • j) What do you mean by lex celebration?
2. Q2 Short notes:(any Four) 20 marks
   • a)capacity to marry
   • b)section VI of Admirality Courts Act
   • c) Partial Renvoi
   • d)Kinds of Jurisdiction
   • e) Proper law of tort
   • f) Restitution of Conjugal Rights
3. Q3 Solve the following:(any Two) The Nigerian moslem man, aged 26, entered into potentially polygamous marriage in Nigeria with a Nigerian girl, aged 13, the marriage being valid by Nigerian law. Shortly thereafter, the couple moved to and cohabited in England 12 marks
   • a) Is the marriage of the couple invalid? Why?
   • b) What do you mean by ante-nuptual domicile?
4. Q2 Aship owned by Italians was chartered by French Shippers to carry cargoes from France to Italy Payment of freight was to be made in Italian currency in Italy. Italian owners were sewed for short delivery and damage to cargo
   • a. Decide whether the contract would be governed by the French or Italian Law? Give
   • b. What do you mean by Proper Law of Contract?
5. Q3 Laniey, domiciled in England, made a settlement. The proper law of settlement was English he was domiciled in California. A California Court declared him incompetent because of his physical disabilities and appointed his wife as his guardian. The wife alone was authorized to exercise the power. The court of appeal held that the exercise was valid according to the English Law
   • a) Is the court of appeal correct in upholding the Californian court’s order? Why?
   • b) Does this case attract the doctrine of Universality of status? What is the doctrine of universality of status?
6. Q4 Answer in detail:(any four) 48 marks
   • a) Discuss the rules of conflict of law relating to the capacity of a person to make a will of
   • b) Explain the nature and meaning of conflict of Laws
   • c) Discuss the approach of English Court towards the problems of classification
   • d) How is domicile of choice acquired and lost ? Discuss with the help of case law
   • e) Describe jurisdiction and choice of law in context of divorce and judicial separation
   • f) Examine the extent to which English Courts would exercise jurisdiction over heads of state
   • (3) "Lex Situs"
   • (T) Sal
   • (8) HU
   • (3) "Lex Celebration"
7. Q2 fear 20 marks
   • (2) a are
   • (3) fas aha at are en

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