LL.B. (Three Years) Sem 6 Conflict of Laws May 2019 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer in about one to two sentences (20 Marks)

1. (1) What is meant by civil death?
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2. (2) What do you mean by private international law?
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3. (3) Who is an appointed guardian?
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4. (4) What is Lex situs?
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5. (5) What is action in personam? Give examples
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6. (6) What is Status?
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7. (7) What is Zihar under the muslim personal law?
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8. (8) Define Donatio Mortis Causa.
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9. (9) What are matrimonial causes?
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10. (10) What is a foreign judgement?
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Q.2 Q.2: Write short notes on any four (20 Marks)

1. (1) Rome Convention
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2. (2) Foreign court theory
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3. (3) Proper law of contract
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4. (4) Legal Effects of Divorce
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5. (5) Assignment of Intangibles
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6. (6) Restitution of conjugal rights
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Q.3 Q.3: Solve any two of the following (12 Marks)

1. (1) French law required a man to obtain consent of his parents for marrying a woman. A French man domiciled in England married an English Woman in England without consent of his parents. French court annulled his marriage. (a) What are formal requirements & substantive requirements of a marriage? (b) Identify the case law whose facts are given above.
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2. (2) Hague convention on the Celebration and Recognition of the validity of marriages, 1978 recognizes that a state may refuse to recognize a marriage if the marriage is manifestly incompatible with its public policy. (a) Has India adopted this convention? (b) What is the rule as to Lex loci celebrations?
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3. (3) After the Bhopal gas tragedy, the worst industrial accident in history, Indian government sued the Union Carbide Corporation (UCC), a multinational company, in the United States of America federal court. The case was dismissed on the grounds of 'forum non conveniens'. (a) State what is 'forum non conveniens' (b) Why did the Indian government prefer to sue UCC in the American court?
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Q.4 Q.4: Answer any four of the following (48 Marks)

1. (1) Discuss the traditional theories relating to fort under conflict of laws.
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2. (2) Explain the history nature & meaning of conflict of laws.
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3. (3) What do you understand by Domicile? Explain the various kinds of Domicile.
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4. (4) Explain the classification of the foreign element cases for choice of law.
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5. (5) Discuss custody of a minor child.
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6. (6) Examine the four main theories as to capacity to contract.
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