Course Outline

Department of Law
City University

Program: LL.M.
Course Title: Private International Law
Course Code LL.M. 1002
Semester: Summer, 2020
Credit Hour: 3
Course Overview: This course is projected to be familiar with legal terms, significant theories,
and basic legal rules and principles of Private International Law and to
understand the national and international legal framework in which PIL
operates. Besides, it will analyze the foundational principles of PIL rules to
complex issues and analyze the operational rules from theoretical,
comparative and international perspectives, and in the context of social and
cultural diversity.
Course Synopsis: Definition, Nature and Scope of Private International Law; International
Variety of Private International Law Rules; Utility and Name of the Subject,
Historical Development and Modern Theories of Private International Law;
Classification, Incidental question; Renvoi, Meaning of Foreign Law, Proof
of Foreign Law, Application and Exclusion of Foreign Law, Domicile,
Meaning and Acquisition of Domicile, Nationality and Residence, Domicile
of Corporations; Jurisdiction and Competence of Courts, Jurisdiction under
International Conventions, Recognition and Enforcement of Foreign
judgements under Traditional Rules and under International Convention,
Foreign Arbitral Awards; Family Law, Marriage, Concept of Muslim,
Hindu and English Marriage, Forms; Capacity and Validity of Marriage,
Matrimonial Causes; Dissolution, Divorce, Nullity and Judicial Separation;
Matrimonial Relief, Jurisdiction of Courts in Matrimonial Proceedings,
Recognition of Foreign Divorces; Reforms in Bangladesh, India, Pakistan,
England and other Common Law and Civil Law Countries, Maintenance
orders and their Enforcement; Custody and Guardianship of Minor
Children, Wardship of Orphans under Muslim, Hindu, English and Other
Statutory Laws; Legitimacy, Legitimization and Adoption; Law of
Obligations; Contracts, Negotiable Instruments Validity and Torts; Law of
Property, Distinction between Movables and Immovables, Transfer of
Immovables, Validity and Jurisdiction, Transfer of Movables, Laws of
Bangladesh, India, Pakistan, England and other European Countries;
Succession and Administration of Estates, Matrimonial Property,
Assignment and Ante-nuptial Contracts; Trusts, National and International
Law Rules, International Convention; Corporations and Insolvency,
Jurisdiction of Courts in Bangladesh, India, Pakistan and England, Reforms.
Course Objectives: The objectives of this course are to:

 Be familiar with legal terms, significant theories, and basic legal

rules and principles of PIL;
 examine the key principles of private international law;
  examine private international law with a focus on how it relates to
international commerce;
 understand the national and international legal framework in which
PIL operates;
 encourage critical analysis of the development of PIL from an
international and a comparative perspective;
Learning Outcomes: On completion of this course, the students will be able to:

 apply Private International Law rules to complex problems and

issues, critique the operation of rules from a theoretical perspective;

 structure and sustain concise and cohesive written arguments for a

legal and professional audience;

 analyze the impact of Private International Law from comparative

and international perspectives, and in the context of social and
cultural diversity;

 reflect on their abilities to effectively undertake accepted forms of

legal reasoning and analysis to articulate in persuasive fashion
reasoned solutions to issues arising from such scenarios;

 analyze the foundational principles of PIL, undertake (self-directed)

legal research, and evaluate legal information;

Teaching Method:  Lecture with visual aids will be the main method of teaching;
 Classroom exercise, class presentation, group discussion will be
applied during the stipulated time period;
 Most of the assignments and case studies will be assigned to
individual student or to the team(s) within the students;
 Presentation classes will be conducted to test the comprehensiveness
of the learners;
 The previous day’s lecture will be reviewed in the next class;

Lecture Schedule

Lecture Serial Topic(s)

Lecture 1 Introduction to the course

Lecture 2 Definition, Nature and Scope of Private International Law

Lecture 3 Domicile

Lecture 4 Status

Lecture 5 Marriage

Lecture 6 Mid-term Exam

Lecture 7 Contracts, Negotiable Instruments

Lecture 8 Testamentary Succession (Wills), Tort

 Lecture 9 Trusts, Assignments of Movable Property

Lecture 10 General Principles relating to Jurisdiction

Lecture 11 Adoption, Foreign Bankruptcy

Lecture 12 Final Exam

Books Recommended

Basic Text(s): 1. Cheshire and North, Private International Law

2. Nirmal Chandra Paul, Private International Law,

Shams Publications, Dhaka, 2013
Reference Text(s):
1. Baele, J.H. : The Conflict
Laws

2. Cook, W.W. : Logical and

Legal Bases of
the Conflict of
Laws

3. Dicey and Morris : A Digest of the

Laws of
England with
reference to the
Conflict of
Laws

4. Fletcher, I.F : Conflict of

Laws and
European
Community
Law

5. Graveson, R.H. : Conflict of

Laws

6. Morris, J.H.C and North, P.M. : Cases and

Materials on
Private
International
Law

7. Morris, J.H.C : The conflict of

Laws

8. North P.M. : The Private

International
Law of
 Matrimonial
Causes in the
British Isles
and the
Republic of
Ireland.

9. Paras Diwan : Private

International
Law

10. Wolff, M. : Private

International
Law

11. Niamh, Molone. : Conflict of Law

12. David McClean, Morris : The Conflict of

th
Laws, 6 Edition
Additional Reading Material(s): Course Teacher will refer additional reading
materials namely case reports, journals, books etc.
in the classroom.

Evaluation System

Continuous Assessment 30%

Mid-term Examination 30%

Semester Final Examination 40%

Total= 100%

Marks allocated for continuous assessment shall be distributed as follows:

Class Attendance and participation 10%

Assignment 10%
Presentation/ Viva/ Class test 10%
Total= 30%

Class Attendance: The marks allocated for class attendance shall be given in following
proportions:

Attendance

Marks

90% and above 10 out of 10

80% to 89% 9 out of 10

75% to 79% 8 out of 10

 70% to 74% 7 out of 10

65% to 69% 6 out of 10

60% to 64% 5 out of 10

55% to 59% 4 out of 10

50% to 54% 3 out of 10

Less than 50% 0 out of 10.

Letter Grade and Grade Point: Total marks obtained in each course, (viva- voce) examination
and presentation shall be converted into LG and GP (Grade point) as follows:

Numerical Grade Letter Grade Grade Point Interpretation

80% and above A+ (A plus) 4.00 Outstanding
75% to less than 80% A (A plain) 3.75 Excellent

70% to less than 75% A- (A minus) 3.50 Very Good

65% to less than 70% B+ (B plus) 3.25 Good

60% to less than 65% B (B plain) 3.00 Satisfactory

55% to less than 60% B- (B minus) 2.75 Below Satisfactory

50% to less than 55% C+ (C plus) 2.50 Average

45% to less than 50% C (C plain) 2.25 Below Average

40% to less than 45% D ---- 2.00 Pass

Less than 40% F ---- 0.00 Fail

Attendance, Homework and Participation policy:

Attendance is based on the attendance taken at the beginning and / or ending of the class. Your
presence in class and your active participation are critical to the learning experience. Therefore,
your participation grade is a function of the following factors:

 Commitment: Your regular attendance in class is an important prerequisite to

participation and part of your grade. Additionally, regular absences will require that you
come in to meet with the instructor to discuss the reason and a remedy.
 Contribution: In assessing the quality of your contribution to in-class discussions, I will
consider the insightfulness of your comments as well as how they add to the discussion.
(Your participation grade in NOT about the amount of 'air-time' you take up in class.) It is
helpful if you volunteer these contributions, but the instructor will also call upon students
to participate.
 Professionalism: I will also assess your overall attitude toward and respectfulness for the
instructor, other students and the classroom experience as a whole.
You are expected to come to class prepared, by completing the reading with sufficient attention
and after completing any homework.

Appropriate campus behavior:

Respect for others and modesty are the outcome of every education. Students should be careful in
maintaining appropriate behavior, which includes proper dress, hanging the ID card from neck,
practicing courtesy and good mannerism. Our campus is no smoking zone, male jewelry of any
kind, open/uncovered body parts or undone shirt buttons are strictly prohibited.

Examinations:

Examinations/quizzes will be administered in class or other prescribed schedule, and may consist
of true/false, multiple choices, short answer in terms and essay type questions. The best ways to
study for the exams are to carefully read the readings, take notes during lectures and to answer the
discussion questions at the end of each chapter. No make-up can be given for either exam.

Policy on scholastic dishonesty:

Students who violate University rules on scholastic dishonesty are subject to disciplinary
penalties, including the possibility of failure in the course and/or dismissal from the university.
Sine dishonesty harms the individual all students, and the integrity of the University, policies on
scholastic dishonesty will be strictly enforced.

Office hours, appointments, and E-mail:

I encourage you to come to my office hours to ask questions, clarify assignments, or obtain
additional help as needed. If you cannot attend my posted office hours, please set up an
appointment. The best way to reach me is generally e-mail (I check my email several times a day,
including most weekends). You are responsible for providing me with an e-mail address where I
can reach you, and for checking that email account on a regular basis (at least a couple of times a
week).

Important for Students (as it suits to individual courses)

 To get a passing grade one must appear in the final examination.

 Seventy-five percent attendance in the class is mandatory for a passing grade.
 In case of assignments, date lines are extremely important-if you miss the date, it may not
be graded.
 Late submission of home works will be penalized by one mark for each day
 Unexcused absences from classes will be penalized by one mark for every three absences.
 If you are sick and unable to take any class test and assignment, please inform the
instructor in writing well ahead of the deadline-and, in case of serious illness you should
inform the instructor as early as possible.

Instructor: Dr. Tariq Iqbal, Associate Professor of Law, City University, Dhaka, Bangladesh