LL.B. (Three Years) Sem 6 Conflict of Laws Jun 2018 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: Please check whether you have got the right question paper. 1. All questions are compulsory. 2. Figures to the right indicate marks.

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

1. Q1 What do you mean by Private International Law?
2. Q2 What is lex situs?
3. Q3 Who is an appointed Gurdian?
4. Q4 What is meant by Domicile of origin?
5. Q5 Define Donatio Mortis Causa.
6. Q6 What is Zihar under the muslin personal law?
7. Q7 Give the difference between the essentials and formalities of a marriage?
8. Q8 Give two reasons why status is conferred on individuals?
9. Q9 What is meant by Civil Death?
10. Q10 What are essential features of a void Marriage?

SECTION II - Q.2: Short notes (any 4) (20 Marks)

1. Q11 Proper Law of contract
2. Q12 Assignment of Intangibles
3. Q13 Foreign court theory
4. Q14 Domicile of choice
5. Q15 Effect of Divorce
6. Q16 Rome Convention

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

1. Q17 An English ship had collided with a pier in Spanish territorial waters. Two owners of the Spanish pier brought an action in the English courts against the English ship owners. Under Spanish law, ship owners were not liable for the negligence of their servants who were navigating the ship. (i) What is meant by "double actionability". (ii) Did the English Court hold the English ship owners liable for the tort as per this principle? Why? (iii) Name the case.
2. Q18 A domiciled Indian of Hindu faith, married an Indian Hindu woman under Hindu rites which permitted polygamy. He later while his wife was still alive, went through the civil from of marriage in England with an English woman. The English wife on discovering the previous marriage, petitioned for a decree of nullity of her marriage on the ground that her husband was already married when he went through the English ceremony with her. The decree was granted. (i) What do you understand by a polygamous marriage? (ii) Describe the purpose for which an English Court will recognize a polygamous marriage.
3. Q19 American Court passed on ex-parte interlocutory order of custody in favor of father of 10 yrs old boy. Mother was unhappy and so moved the child from USA to India (Mumbai). (i) What is the basic purpose of custody order? (ii) Name the international convention to check abduction of child from custody of parent? Is India signatory to it?

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

1. Q20 What is conflict of law? Trace the origin and development of conflict of law?
2. Q21 How does a court assume jurisdiction over any matter presented to it?
3. Q22 Who is considered as a Natural Guardian?
4. Q23 Discuss the approach of English Court towards the problem of classification cite case laws.
5. Q24 A marriage creates rights and duties in the life of the spouses. Explain the principle of "capacity to marry".
6. Q25 A couple may think they are married, when they are not. State the intricacies of a voidable marriage.

Read from the scan above, so a character or two may differ. The scan is the original.