LL.B. (Three Years) Sem 6 Conflict of Laws May 2023 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. All questions are compulsory with internal choice within the question. 2. Figures to the right indicate full marks.

SECTION I - Q.1: Answer not in more than two sentences (Any Six) (12 Marks)

1. Q1 What is the meaning of Conflict of Laws?
2. Q2 What is Foreign Judgment?
3. Q3 What are remedies available to parties for breach of Contract?
4. Q4 What do you mean by domicile of dependency?
5. Q5 Who is considered as Testamentary Guardians?
6. Q6 What is Muta Marriage?
7. Q7 What do you mean by Khula?
8. Q8 What is Private International Law?
9. Q9 What is Action in Personam? Give Examples?
10. Q10 State the different kinds of divorce under Muslim Law?

SECTION II - Q.2: Short Notes (Any Two) (12 Marks)

1. Q11 Kinds of Jurisdiction.
2. Q12 Capacity to Contract.
3. Q13 Adoption by Foreign Parents.
4. Q14 Rome Convention.

SECTION III - Q.3: Situational Problems (Any Two) (12 Marks)

1. Q15 A domiciled Frenchman married in England a domiciled English woman without first obtaining the necessary consent of his parents to the marriage. Consent of parents in English law is treated as a formality to be governed by the law of the place of the celebration and the English rule as to consent did not apply in this case to the Frenchman who was over the English age of majority. According to the French law; consent of parents under the circumstances of the case was regarded as an essential for the lack of such consent a French court annulled the marriage. (a) Will the English Court give effect to the decree of the French Court? (b) What is the name of the case?
2. Q16 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. (a) What is meant by "double actionability". (b) Did the English Court hold the English ship owners liable for the tort as per this principle? Why? (c) Name the case.
3. Q17 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. (a) What was held in this case? (b) What is the name of the case?

SECTION IV - Q.4: Answer the following (Any Two) (24 Marks)

1. Q18 Explain the concept of Domicile and state its various kinds?
2. Q19 Explain immunity from jurisdiction to foreign state, diplomats and international organization?
3. Q20 Describe jurisdiction and choice of law in context of Divorce and Judicial Separation?
4. Q21 Explain the concept of Status in detail?

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