LL.B. (Three Years) Sem 6 Conflict of Laws May 2024 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer any 6 in two sentences (12 Marks)

1. Q1 Distinguish a foreign judgment from a regular judgment.
2. Q2 What is Lex Contractus?
3. Q3 What is khula?
4. Q4 What do you understand by civil death?
5. Q5 Who is considered as a natural guardian?
6. Q6 What is Private International Law?
7. Q7 What are the remedies available to parties in case of breach of Contract?
8. Q8 What are matrimonial causes?
9. Q9 What is domicile?
10. Q10 Why do we recognize and apply foreign laws? Give reasons.

SECTION II - Q.2: Short Notes on any two (12 Marks)

1. Q11 Muta Marriage.
2. Q12 Kinds of Jurisdiction.
3. Q13 Adoption by foreign parents
4. Q14 Actions in personam and actions in rem

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

1. Q15 Mr. A, a British national married Ms. B an Indian residing in England according to the marriage law of England in the year 2005. In 2010, both were separated by a divorce according to the laws of England and obtained a decree of divorce. B got a certified copy of the decree from a competent court in England. (a) Can B execute the decree in India? (b) Can B marry in India?
2. Q16 A ship owned by the Indian was chartered by the Italian shippers to carry some electronic goods from Italy to India. Payment of freight was to be made in Italy. However, Indian owners were sued for short delivery and damages to the goods. (a) Will the contract be governed by the Indian law or Italian Law? (b) Can the parties to contract choose a particular law in case of breach of contract?
3. Q17 Indian Government sued UCC, an American company, after the Bhopal gas tragedy in the American Federal Court. (a) Explain the principle of forum non conveniens applied in this case. (b) What is a natural forum?
4. Q18 An American company entered into an agreement with an Australian Company for supply of garments. The agreement was signed in India. (a) Which will be the proper contract law in this case? (b) What do you understand by capacity to contract? Explain the 4 main theories in this regard.

SECTION IV - Q.4: Answer any 2 in detail (24 Marks)

1. Q19 What is conflict of laws? Trace its history and the development of conflict of laws?
2. Q20 Explain Status in detail.
3. Q21 Explain the Code of Civil Procedure provisions regarding immunity from jurisdiction.
4. Q22 In the context of Divorce and Judicial Separation explain Jurisdiction and choice of law.

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