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

Questions asked in this paper

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

1. Q1 What is meant by civil death?
2. Q2 What do you mean by private international law?
3. Q3 Who is an appointed guardian?
4. Q4 What is Lex situs?
5. Q5 What is action in personam? Give examples
6. Q6 What is Status?
7. Q7 What is Zihar under the muslim personal law?
8. Q8 Define Donatio Mortis Causa.
9. Q9 What are matrimonial causes?
10. Q10 What is a foreign judgement?

SECTION II - Q.2: Write short notes on any four (20 Marks)

1. Q11 Rome Convention
2. Q12 Foreign court theory
3. Q13 Proper law of contract
4. Q14 Legal Effects of Divorce
5. Q15 Assignment of Intangibles
6. Q16 Restitution of conjugal rights

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

1. Q17 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.
2. Q18 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?
3. Q19 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?

SECTION IV - Q.4: Answer any four of the following (48 Marks)

1. Q20 Discuss the traditional theories relating to fort under conflict of laws.
2. Q21 Explain the history nature & meaning of conflict of laws.
3. Q22 What do you understand by Domicile? Explain the various kinds of Domicile.
4. Q23 Explain the classification of the foreign element cases for choice of law.
5. Q24 Discuss custody of a minor child.
6. Q25 Examine the four main theories as to capacity to contract.

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