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Conflict of Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Oct 2025 - 75/25 Examination
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LLB 3 years Sem 6 Conflict of Laws Oct 2025 - 75/25 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 Oct 2025 - 75/25 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Oct 2025 - 75/25 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Oct 2025 - 75/25 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 2½ hours · Total marks 75 · 21 questions answered
Instructions printed on the paper
- N.B: 1. Please check whether you have got the correct question paper. 2. All questions are compulsory. 3. Figures to the right indicate marks. 4. Give reasons/case law wherever necessary.
How to use this volume
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Q.1
Q.1: Answer the following in not more than two sentences
Any 6 · (12 Marks)
(1)What is lex loci celebration?[2]
Answer
Lex loci celebrationis (lex celebrationis) means the law of the place where a marriage is celebrated.
What it governs. It governs the formal validity of a marriage: the ceremony and its formalities. The maxim is locus regit actum, the place governs the act. It covers matters such as:
- the officiant, notice and witnesses;
- the need for parental consent, which English law treats as a formality; and
- the method of consenting, such as marriage by proxy.
Cases. In Simonin v. Mallac, (1860) 2 Sw & Tr 67, a French couple married in London without the parental consent French law required. The marriage was held valid in England. In Apt v. Apt, [1948] P 83, a marriage by proxy in Buenos Aires was valid. Proxy is a matter of form, for the law of the place of celebration.
What it does not govern. Capacity to marry, such as age or prohibited degrees, is governed by the law of each party's domicile. In Sottomayor v. De Barros (No 1), (1877) 3 PD 1, a London marriage of Portuguese first cousins was void, because Portuguese law, the law of their domicile, forbade it.
Exceptions. Consular marriages abroad, such as those before an Indian Marriage Officer under the Foreign Marriage Act, 1969, follow the form of the sending country.
Conclusion. The lex loci celebrationis decides the form of a marriage, while capacity is left to the law of the domicile.
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