LL.B. (Three Years) Sem 6 Conflict of Laws 2021-22 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Multiple choice questions

1. Q1 Renvoi is a French word which means ______ (a) Agreement between the parties (b) Jurisdiction of Court (c) Choice of Law (d) To send back or return
2. Q2 Lex causae means ______ (a) Law of domicile (b) Law of the place where the contract is made (c) Law of the place where the contract is performed (d) The Choice of law
3. Q3 Private International Law is a diversity of positive laws (with each territory having its laws) and thus it is essential to mark each in a separate outline to fix the area of authority. Who said this? (a) Austin (b) Sutherland (c) Savigny (d) Kant
4. Q4 Section 11 of the Foreign Marriages Act, 1969 deals with ______ (a) Solemnization of marriage (b) Divorce (c) Maintenance (d) Custody of child
5. Q5 The validity of marriage is determined by ______ (a) The place of birth (b) The place of occupation (c) The place where marriage has been solemnized (d) The place of residence
6. Q6 What is the expansion of UNIDROIT? (a) International Law on Universal Private Law (b) Unification of Private Law by International Institutions (c) International Institute for the Unification of Private Law (d) Universal Private International Law Institute
7. Q7 Which of these following statements is incorrect? (a) The Application of Private international law depends upon the personal status of the person (b) The status of the person can be determined based on Nationality, Citizenship, and domicile of the person (c) A juristic person has no status in Private International Law (d) The Status of Juristic Person can be determined based on Municipal Laws
8. Q8 Private International law is also called? (a) Personal law (b) Conflict of laws (c) International Human Rights Law (d) Law of Jurisdiction
9. Q9 Mr. Yadav had instituted a divorce proceeding in a foreign court in whose jurisdiction the applicant has never lived. He made a false representation that He was a bona fide resident of that State. Can the decree be enforced in India? (a) The decree is enforceable because the Indian court has no right to discuss the competence of foreign decrees. (b) The decree is not enforceable because foreign court had no territorial jurisdiction (c) The decree is enforceable because the challenge for competence should have been done in the foreign Court itself. (d) The decree is not enforceable because foreign decrees cannot be enforced in India.
10. Q10 Which of the following statements describe 'Comity of Courts'? (a) Community justice is provided by international community (b) Social justice is provided by international community (c) Courts of one state or jurisdiction will give effect to the decisions of another (d) Courts in various countries give decisions that applies to the International Community
11. Q11 What is the basis of Private International Law? (a) Comity, Justice and Equality (b) Justice, Equality and Protocol (c) Comity, Convenience and Justice (d) Convenience, Comity and Choice
12. Q12 The approach of the English Courts to the problem of Private International Law is ______ & ______ (a) Legal & Simple (b) Pragmatic & Ethical (c) Idealistic & Theoretic (d) Unethical & Illegal
13. Q13 Children born out of a void marriage under Hindu Law are considered to be: (a) Illegitimate and cannot inherit any property (b) Illegitimate but can inherit the property of their mother only (c) Legitimate and can inherit the property of their parents (d) Illegitimate but can inherit the property of their parents
14. Q14 Propositus means: (a) The person whose rights & obligation are being considered (b) The person who has a right to file a case (c) The law of the country (d) The place where contract is made
15. Q15 Which Latin maxim refers to the formal validity of marriage governed by the law of place where marriage is performed? (a) Lex situs (b) Lex loci Celebrationis (c) Lex domicli (d) Lex fori
16. Q16 Which of the following is related to a landmark in this regard as it laid down uniform laws which regulated the carriage of goods and person by air? (a) League of Nation (b) U.N.O. (c) Warsaw Convention (d) Geneva Convention
17. Q17 Which is not the important issue in Private International Law? (a) Personal Jurisdiction (b) Choice of Application of Law (c) Recognition and Enforcement of Foreign Laws (d) Defendant Choice of Law
18. Q18 The time limit for filing a suit for enforcement for foreign judgments is ______ (a) 3 Years from the date of judgement is delivered (b) 5 years from the date of judgement is delivered (c) 6 years from the date of judgement is delivered (d) 2 years from the date of judgement is delivered
19. Q19 Which of the following statement is incorrect? (a) The Convention on the Civil Aspects of International Child Abduction, 1980 is a multilateral treaty that seeks to protect children from the harmful effects of abduction and retention across international boundaries (b) The Convention on the Civil Aspects of International Child Abduction, 1980 provides procedures to ensure return of children to State of their habitual residence (c) The Convention on the Civil Aspects of International Child Abduction, 1980 applies to any child up to the age of 16 years who is habitually resident in Contracting State (d) India is a signatory to the Convention on the Civil Aspects of International Child Abduction, 1980
20. Q20 Italian Jurist ______ is sometimes referred as "father of Private International Law" (a) Bartolus (b) Cheshire (c) Hardwick (d) Gutteridge

SECTION II - Detailed questions

1. Q21 What do you understand by 'Status'?
2. Q22 What is domicile of 'Corporation'?
3. Q23 By the law of what place are transfers of real property by succession or will regulated?
4. Q24 The law of what State or Country governs the relations of a fiduciary towards third persons? Discuss in context with Indian Laws.
5. Q25 Explain the essentials of a contract entered into by parties belonging to different nations.
6. Q26 Essential elements of Private International Laws?
7. Q27 Discuss in brief Double actionability is a doctrine of private international law.
8. Q28 What do you mean by the concept of Legitimation under conflict of laws?
9. Q29 What is the relevance of Section 13 and 44 A of Civil procedure Act inder Private International Law?
10. Q30 Discuss about types of jurisdiction under Private International Laws.

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