LL.B. (Three Years) Sem 6 Conflict of Laws Nov 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer the following questions very briefly (20 Marks)

1. Q1 What do you mean by Conflict of Laws?
2. Q2 What is the Full form of UNCITRAL?
3. Q3 What is the domicile of Corporation?
4. Q4 State any two exceptions to section 13 of Code of Civil Procedure Code.
5. Q5 What is the difference between Private International Law and Public International Law?
6. Q6 What is meant by 'prohibited degree of consanguinity and affinity' in the contract of marriage?
7. Q7 Write any two subject matters of Private International Law.
8. Q8 What is polygamous marriage? Is it valid under English Law?
9. Q9 What is Zihar under Muslim Personal Law?
10. Q10 Who is considered as Natural Guardian?

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

1. Q11 Status of adoption
2. Q12 Formal validity by Lex Loci Celebrations
3. Q13 Total Foreign Court Theory
4. Q14 Kinds of Jurisdiction
5. Q15 Validity of contracts
6. Q16 Restitution of Conjugal Rights

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

1. Q17 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 from US and came with him to New Delhi. (i) What is the name of International 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?
2. Q18 The husband and wife were first cousins. They were presumed to be domiciled in Portugal by whose Law Marriage between first cousin was prohibited in the absence of papal dispensation. They married in England and lived together in same house, though without consummating the marriage for 6 years: (i) Comment on validity of marriage with reason and cite relevant case-law. (ii) To what extent is the Lex loci celebration relevant to capacity to marry?
3. Q19 A bill 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? (ii) What was held in this case?

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

1. Q20 How are marriage as status and contract different than other contracts?
2. Q21 What is Legitimacy? What law governs legitimacy?
3. Q22 What is the difference between tort and breach of contract?
4. Q23 Discuss the Doctrine of Renvoi.
5. Q24 Describe jurisdiction and choice of law in context of Divorce and judicial Separation.
6. Q25 Define Private International Law. Trace its history.

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