Mumbai University Solved Question Papers
Conflict of Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Jun 2018 Examination
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LLB 3 years Sem 6 Conflict of Laws Jun 2018 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the Jun 2018 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Jun 2018 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Jun 2018 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 · 25 questions answered
Instructions printed on the paper
- N.B: Please check whether you have got the right question paper. 1. All questions are compulsory. 2. Figures to the right indicate marks.
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 the following questions in one or two sentence
20 Marks
(i)What do you mean by Private International Law?[2]
Answer
Private international law is the part of a country's own law that applies when a case contains a foreign element. A foreign element is a fact linking the case to another legal system, such as a foreign party, an event abroad or property abroad. The rules decide three things:
- whether the court has jurisdiction;
- which country's law governs the issue (choice of law); and
- whether a foreign judgment will be recognised or enforced.
Why "private" and "international". It is private because it deals with disputes between private persons, such as marriage, contracts and succession. It is called "international" only because the facts cross borders. It is not part of public international law. Each State makes its own rules through its own legislature and courts. That is why it is also called the conflict of laws.
An example. Two Indians marry in the United States, and one later sues for maintenance in Pune. The Pune court must ask whether it has jurisdiction, which law governs the marriage, and whether any American divorce binds it.
Indian position. In Y. Narasimha Rao v. Y. Venkata Lakshmi, (1991) 3 SCC 451, the Supreme Court said these rules are not codified in India. They are scattered in statutes such as the Code of Civil Procedure and the Indian Succession Act, and Indian courts have followed English rules.
Conclusion. Private international law is domestic law for cases with a foreign element; it settles jurisdiction, choice of law and the effect of foreign judgments.
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