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Private International Law: A Case Study

 
V.C. Govindaraj (Author)
Synopsis

In deciding cases of private international law or conflict of laws, as it is widely known, judges of the Supreme Court in India generally consult the works of renowned English jurists like Dicey and Cheshire. This volume argues that our country should have its own system of resolving inter-territorial issues with cross-border implications. The author critically analyses cases covering areas such as the law of obligations, the law of persons, the law of property, foreign judgments, and foreign arbitral awards.

The author provides his perspectives on the application of law in each case. The idea is to find out where the judges went wrong in deciding cases of private international law, so that corrective measures can be taken in future to resolve disputes involving complex, extra-territorial issues.

Contents: Preface. 1. Domicile and Residence. 2. The Law of Obligations: Foreign Contracts and Foreign Torts. 3 (i). Law of Persons: Marriage and Matrimonial Causes. 3 (ii). Law Relating to Children: Custody of Minors and the Role of Courts as Parens Patriae. 4. Validity of Marriage: Should It Be Deemed Omnific in Conflict Resolution of Related Issues? 5 (i). Foreign Judgments: Recognition and Enforcement. 5 (ii). Foreign Arbitral Awards and Foreign Judgments. Based upon Such Awards: A Juridical Inquiry. 6. Property. 7. Law Relating to Procedure. Glossary of Latin Terms Index About the Author.

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Bibliographic information

Title Private International Law: A Case Study
Format Hardcover
Date published: 18.09.2018
Edition 1st ed.
Language: English
isbn 9780199489282
length 184p.