Mumbai University Solved Question Papers
Conflict of Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Apr 2011 Examination
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LLB 3 years Sem 6 Conflict of Laws Apr 2011 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
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The question paper reproduced here is the paper as set by the University of Mumbai at the Apr 2011 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Apr 2011 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Apr 2011 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 23 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q.1
Q.1: Answer in one or two sentences
20 Marks
(a)Distinguish between Lex Patrie and Lex Domicile?[2]
Answer
Lex patriae is the law of a person's nationality, the State the person belongs to. Lex domicilii is the law of a person's domicile, the country that is the person's permanent home. Both are used as the personal law, the law that governs status, capacity, marriage and succession to movables.
The main distinction: political tie against civil home. Nationality is a political bond with a State, fixed by that State's law and changed only by naturalisation with its consent. Domicile is a legal home, and a person may change it by settling in another country with the intention of staying there. In Udny v. Udny, (1869) LR 1 Sc & Div 441, Lord Westbury said that nationality fixes a person's political status, while domicile determines civil status. To treat a change of domicile as needing a change of nationality, he said, would "destroy the difference between patria and domicilium".
Other distinctions.
| Lex patriae | Lex domicilii | |
|---|---|---|
| Connecting factor | Nationality | Permanent home |
| Who uses it (Wolff) | France and most continental States | England, the Commonwealth, the United States, India (Indian Succession Act, 1925, s.5) |
| Change | Only with the State's consent | By residence with intention |
| Proof | Usually by documents | Depends on intention, so harder |
| States with several legal systems | Points to no single system | Points to one territory, such as England or Scotland |
Conclusion. Lex patriae is the law of the State a person belongs to. Lex domicilii is the law of the person's permanent home, and English and Indian law use it as the personal law.
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