Private International Law

Description

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.

About the Author
V.C. Govindaraj is former professor, Faculty of Law, University of Delhi, India.

Table of contents

Preface

Table of Cases


BRIEF OUTLINE FOR THE CASE STUDY

PART I

Domicile and Residence


PART II

The Law of Obligations: Foreign Contracts and Foreign Torts

PART III-1

Law of Persons: Marriage and Matrimonial Causes

PART III-2

Law Relating to Children: Custody of Minors and the Role of Courts as Parens Patriae

PART IV

Validity of Marriage: Should It Be Deemed Omnific in Conflict Resolution of Related Issues?

PART V-1

Foreign Judgments: Recognition and Enforcement

PART V-2

Foreign Arbitral Awards and Foreign Judgments

Based upon Such Awards: A Juridical Inquiry

Part VI

Property

Part VII Law Relating to Procedure

Glossary of Latin Terms Index About the Author