LL.B. (Three Years) Sem 6 Conflict of Laws May 2026 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer any six questions in one or two sentences (12 Marks)

1. Q1 What do you mean by lex loci contractus?
2. Q2 What do you mean by Formal Validity of contract?
3. Q3 What do you mean by lex loci delicti?
4. Q4 What do you mean by foreign law in the context of Conflict of Laws?
5. Q5 Why foreign revenue laws are not applicable by the Court of Forum?
6. Q6 In which case the English Court laid down the rule of Double Actionability?
7. Q7 What is the theory of Local Rights in Conflict of Laws?
8. Q8 Which Indian Act provides that 'a person can have only one domicile for the purpose of succession to movable property'?
9. Q9 What do you mean by reciprocating territory under the Code of Civil Procedure, 1908?
10. Q10 Under which Indian Act a person can adopt a child irrespective of their religion?

SECTION II - Q.2: Write short notes on any two (12 Marks)

1. Q11 Proper law of Contract
2. Q12 Legitimacy under Indian Law
3. Q13 Domicile of lunatics in India
4. Q14 The theory of Single Renvoi

SECTION III - Q.3: Answer any two of the following (12 Marks)

1. Q15 An Englishwoman died domiciled in Italy, leaving a will of movable property in England and Italy and immovable property in Italy. The will was partly invalid by Italian law. But the English judge applied the English law for both forms of property. (i) What is the name of this case? (ii) On what basis the English law was applied?
2. Q16 A domiciled Frenchman, aged 19, married a domiciled Englishwoman without obtaining the consent of his father as required under the French law. The husband having returned to France, obtained a decree of Nullity in a French Court. The wife subsequently went through a ceremony of marriage in England with a domiciled Englishman. The Englishman subsequently filed an action for nullity of their marriage on the ground that the Englishwoman was still validly married. The Court allowed the application for nullity. (i) What is the name of the case? (ii) On what basis the Englishman's marriage was nullified?
3. Q17 The plaintiff and the defendant both residents of England were posted in Malta as members of British forces. In Malta, the plaintiff was seriously injured by the defendant in a motor accident. Under the law of Malta, the plaintiff could only recover special damages. However, by English law, the plaintiff could claim general damages for pain, loss and suffering. (i) What is the name of this case? (ii) Which law was applied by the English court to decide the claim? Give reasons.
4. Q18 A person having his domicile of origin in England, established his domicile of choice first in Java and then in Belgium. During the Second World War he came to England, where he made will and died. The question before the English Court was whether he died domiciled in England? (i) What is the name of this case? (ii) What was decided by the English Court with respect to his domicile? Give reasons.

SECTION IV - Q.4: Answer any two in detail (24 Marks)

1. Q19 What do you mean by Conflict of Laws? When does Conflict of Laws apply? Discuss the differences between Conflict of Laws and Public International Law.
2. Q20 What is the procedure for enforcing foreign arbitral awards in India?
3. Q21 'No person shall be without Domicile' explain this statement in the light of meaning and fundamental principles of Domicile. How Domicile is different from nationality?
4. Q22 What do you mean by Formal and Essential validity of marriage? Discuss with case laws.

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