Mumbai University Solved Question Papers
Conflict of Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
May 2019 Examination
munotes.in
Mumbai
LLB 3 years Sem 6 Conflict of Laws May 2019 Question Paper with Solutions
Get access to whole semester resourcesSemester Pass
MU law student group
Free to join
First published on munotes.in on 24 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.
munotes.in is an independent study resource for students of the University of Mumbai. It is not affiliated with the University of Mumbai, and is not endorsed by it.
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 May 2019 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2019 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2019 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
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 about one to two sentences
20 Marks
(1)What is meant by civil death?[2]
Answer
Civil death (civiliter mortuus) is a status in which a living person loses his legal personality altogether. The law treats him as if he were dead. He can no longer hold, acquire or transfer rights, make contracts, or inherit.
Where it existed. Savigny cited civil death, from the French and Russian law of his day, together with slavery, as an institution no foreign court need recognise. It was imposed as a punishment for serious crime, or followed entry into a religious order.
Its position in the conflict of laws. A status created by the law of the domicile is normally recognised everywhere. But civil death is a penal and discriminatory status. So the forum refuses to recognise it, on grounds of public policy. Wolff says that, as slavery and civil death are no longer recognised, every human being is a person. An English court would not apply a foreign rule of civil death, for example to a question of succession.
A related case. In Oppenheimer v. Cattermole, [1976] AC 249, the House of Lords said English courts would not recognise a 1941 Nazi decree stripping German Jews abroad of their nationality. It was "so grave an infringement of human rights" that it should not be recognised as law at all.
A trace in Indian law. A Hindu spouse may seek divorce if the other has renounced the world by entering a religious order (Hindu Marriage Act, 1955, section 13(1)(vi)).
Conclusion. Civil death treats a living person as legally dead; as a penal status, it is not recognised by courts applying modern conflict rules.
The rest of the answers
The first answer is free. The rest come with the LL.B. 3 Years Semester 6 solved papers.
You have read the question paper and its first answer in full. Buy the solved papers once and you can read every answer of every solved paper in this semester.
Notes + Solved papers: ₹798 Already bought it? Sign in
Or solved papers only: ₹499
Or notes only: ₹499
The question paper itself stays free, and so does the syllabus.
Found an error in this volume? Report it and we will check it against the paper.