LLB 3 Years Sem 6 Conflict Of Laws Nov 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer the following questions very briefly 20 marks
   • (a) What do you mean by Conflict of Laws ? What is the Full form of UNCITRAL ?
   • (c) What is the domicile of Corporation ?
   • (d) State any two exceptions to section 13 of Code of Civil Procedure Code
   • (e) What is the difference between Private International Law and Public International
   • (f) What is meant by ‘prohibited degree of consanguinity and affinity’ in the contract
   • (g) Write any two. subject matters of Private International Law
   • (h) What is polygamous marriage ? Is it valid under English Law
   • (i) What is Zihar under Muslim Personal Liaw ?
   • G) Who is considered as Natural Guardian ?
2. Q2 Short notes (any four) :— 20 marks
   • (a) Status of adoption Formal validity by Lex Loci Celebrations ,
   • (d) Kinds of
   • (e) Validity of contracts
   • (f) Restitution of Conjugal Rights
3. Q3 Solve the following (any two) :— 12 marks
   • (a) American Court passed an ex parte interlocutory custody order in favour of the father of a 10 year old boy. The mother was unhappy with the decision. She removed the child and came with him to New Delhi
   • (i) What is the name of Yaternational Convention to check abduction of child from custody of other parent ? Has India signed the Convention ?
   • (ii) What is the basic purpose of custody order ?
   • (b) The husband and wife were first cousins. They were presumed to be domiciled in Portugal by Law Marriage between first cousin was prohibited in the absence of papal dispensation. They married in England and lived together in same without consummating the marriage for 6 years : Corament on validity of marriage with reason and cite relevant case-law
   • (ii) Zo what extent is the Lex loci celebration relevant to capacity to marry ? A of Lading was issued in respect of goods shipped abroad a Nova Scotian ship to be carried from Newfoundland to New York between residents in those countries provided that it was governed by English law
   • (i) What is the name of the case 7
   • (ii) What was held in this case ?
4. Q4 Answer in detail :— 48 marks
   • (a) How are marriage as status and contract different than other contracts ?
   • (b) What is Legitimacy ? What law governs legitimacy ?
   • (c) What is the difference between tort and breach of contract Discuss the Doctrine of Renvoi
   • (e) Describe jurisdiction and choice of law in context of Divorce and judicial
   • (f) Define Private International Law. Trace its history
   • (a) UNCITRAL oe ?
   • (a) (Zihar) ?
   • (a) ah
   • (8) case-law
   • (2) Lex ary ?
   • (2) oF are aa ?
   • (S) (Renvoi)

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