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    Pvt International Law Syllabus

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    Pvt International Law Syllabus

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    Pvt International Law Syllabus

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    aakashsingh30513

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    © All Rights Reserved
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    PRIVATE INTERNATIONAL LAW

    Syllabus
    Semester – X

    Course Code Course Name Credits


    BBL10E07 Private International Law 05
    BCL10E07

    Contact Hours Credits Assigned

    Theory Practical Tutorial Theory Practical Tutorial Total

    05 - - 05 - - 05

    Term Work /
    Theory
    Practical/Oral
    Duration
    Internal Assessment End Total
    Of End Term
    Sem Pract. Oral
    Continuous Attendance Total Sem Work
    Test Exam
    Evaluation Internal Exam
    20 05 05 30 70
    3 Hours - - - 100

    Course outcome
    Course Outcomes:

    On successful completion of the course, the student will be able to:

    1. Analyse the foundational principles of private international law,.

    2. Apply private international law rules to family law issues.

    3. Analyse the impact of private international law from comparative and international perspectives, and
    in the context of social and cultural diversity.

    4. To explain the grounds of exclusion of recognition of foreign judgments in India.

    Course Objectives
    Objectives:

    In the modern technological world, Liberalization, Privatization and Globalization (LPG) play a vital role
    beyond national boundaries. The field of Conflict of Laws, also known a Private International Law, is
    concerned with those problems arising from disputes implicating the laws of more than one State. Now-
    a-days the activities of the individuals and corporate entities transcend national frontiers. These
    transnational activities may have contact points in several different countries and if the national courts in
    each of them were to exercise jurisdiction and apply their national law to such activities, then there
    would be chaos. The role of private international law is to avoid this state of affairs.

    The objective of this course is to study the basic principles governing conflict of laws in their application
    to various situations. The following syllabus prepared with this perspective will be spread over a period
    of one semester.

    Detailed Syllabus

    Module/ Marks
    Course Module / Contents Hours
    Unit Weightage
    Introduction
    Introduction – Scope - Theories of Private International
    1.1 Law – Conflict of Laws
    1 10 25%
    Distinction between Private and Public International
    1.2 Law

    1.3 Domicile, Jurisdiction of the courts.


    Characterization
    Application and exclusion of foreign law, Meaning,
    2.1 theories and process of Characterization,
    2 10 15%
    Doctrine of Renvoi, theories of Renvoi: Mutual
    2.2 disclaimer theory, Partial Renvoi and Foreign Court
    Theory
    Marriage Matrimonial Reliefs:
    Family law matters: Material and formal validity of
    3.1 marriage under Indian and English Law and the choice
    of law;

    Matrimonial causes; dissolution of marriage, grounds


    3 3.2 of divorce, restitution of conjugal rights, 10 10%
    Choice of law and the jurisdiction of the courts in
    3.3 Matrimonial causes.

    4 Adoption and Guardianship 10

    4.1 Adoption: essential conditions of adoption under


    Indian and English law,
    4.2 Recognition of foreign adoption, Choice of law and 15%
    jurisdiction of the courts.

    4.3 Guardianship and custody under Indian and English


    Law.

    Foreign Judgements:

    5.1 Basis and conditions of recognition of foreign


    judgments,
    15 20%
    5 5.2 Recognition of foreign judgments and awards under
    Indian and English law, direct execution of foreign
    decrees.

    Arbitral Awards:
    10 15%
    6 7.1 Recognition and Enforcement.

    Total 65 100%

    Recommended Books:
    1. R. H. Graveson, Conflict of Laws, 5thEdn., London, Sweet and Maxwell Publication, 1965

    2. G. C. Cheshire, J. Fawcett &Ors., Private International Law, 14thEdn., New York, Oxford

    University Press, 2008

    3. Paras Diwan and Peeyushi Diwan, Private International Law, 4thEdn., New Delhi, Deep and

    Deep Publication, 1998

    4. A. Setalvad, Conflict of Laws, Delhi, Lexis Nexis Publication, 2007

    5. D. H. Vernon, L. Weinburg&Ors., Conflict of Laws – cases, materials & problems, 2ndEdn.,

    New Jersey, Lexis Nexis, 2003

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