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

Questions asked in this paper

SECTION I - Q.1: Answer the following questions in one or two sentences (20 Marks)

1. Q1 What is meant by Lexsitus?
2. Q2 Who is the Natural Guardian of married girl under Guardianship and Wards Act.
3. Q3 What do you mean by Khula?
4. Q4 What do you mean by Status?
5. Q5 Give any one distinction between lex Patrie and lex domicile.
6. Q6 Write two remedies available to the parties when there is Breach of Contract.
7. Q7 Is presumption of death a ground of divorce? Justify.
8. Q8 Give any one difference between Public and Private International Law.
9. Q9 What principle was enunciated in Boys vs. Chaplin?
10. Q10 What do you mean by lex celebration?

SECTION II - Q.2: Short notes (any Four) (20 Marks)

1. Q11 capacity to marry
2. Q12 section VI of Admirality Courts Act.
3. Q13 Partial Renvoi
4. Q14 Kinds of Jurisdiction
5. Q15 Proper law of tort
6. Q16 Restitution of Conjugal Rights

SECTION III - Q.3: Solve the following (any Two) (12 Marks)

1. Q17 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. (a) Is the marriage of the couple invalid? Why? (b) What do you mean by ante-nuptual domicile?
2. Q18 A ship 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 reason. (b) What do you mean by Proper Law of Contract?
3. Q19 Lanley, domiciled in England, made a settlement. The proper law of settlement was English. Subsequently, 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?

SECTION IV - Q.4: Answer in detail (any four) (48 Marks)

1. Q20 Discuss the rules of conflict of law relating to the capacity of a person to make a will of movable and immovable property.
2. Q21 Explain the nature and meaning of conflict of Laws.
3. Q22 Discuss the approach of English Court towards the problems of classification.
4. Q23 How is domicile of choice acquired and lost? Discuss with the help of case law.
5. Q24 Describe jurisdiction and choice of law in context of divorce and judicial separation.
6. Q25 Examine the extent to which English Courts would exercise jurisdiction over heads of state.

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