The Conflict of Laws in India

Description

Conflict of laws, or private international law, is an increasingly important subject of study due to growing movement and relocation of a large number of people from one jurisdiction to another for personal and professional reasons. Despite the existence of rules and principles, there is a general uncertainty on issues such as commercial transactions, personal law subjects, and laws relating to property. The Conflict of Laws in India not only lucidly examines the inter-territorial conflicts, but also lays a special emphasis on inter-personal disputes in the Indian context. This book is a detailed and up-to-date study of conflict of laws, and focuses on its three main areas: the law of obligations, law of property, and law of persons. The volume also evaluates the role of various international instruments and conventions, including The Hague Conventions on Private International Law in resolving international conflicts.

The author provides fresh perspectives on the subject, and analyses its significance in the dynamic contemporary world. This second edition elaborates on recent developments in two areas of the subject, namely Muslim law and the law relating to guardianship.

About the Author

V.C. Govindaraj is a former professor at Faculty of Law, University of Delhi, India. He has authored a number of scholarly articles and books in the areas of Public and Private International Law, Human Rights, and the Law of the Sea.

Reviews

‘This is a work of great scholarship and utility. Conflict of laws, an area of growing litigation, has gained greater relevance in this era of globalization. New problems call for vision and an innovative approach to provide solutions. This book makes a substantial and significant contribution in that regard. The content is erudite and the presentation elegant.’

—M.N. Venkatachaliah, Former Chief Justice of India

‘In the absence of a codified and statutory enactment on Conflict of Laws in India, Professor Govindaraj has rendered a monumental service by capturing in this book the rules of Private International Law from the scattered pronouncements by courts, which would benefit all—judges, lawyers, academics, and the Indian diaspora….’

—A.K. Ganguli, Senior Advocate

Table of contents

Foreword by Justice V.R. Krishna Iyer

Preface and Acknowledgements

Introduction to the Second Edition

1. Introduction
2. Exclusion of Foreign Law
3. Consecutive Stages of Conflict of Laws
4. Domicile and Residence
5. The Law of Obligations
6. Negotiable Instruments
7. Law of Persons: Marriage and Divorce
8. Law of Persons: Law Relating to Children
9. Validity of Marriage: Could it be Deemed an Omnific Concept in Conflict Resolution of Related Issues?
10. Law of Property
11. Insolvency and Corporations
12. Foreign Judgments
13. Procedure
14. Hague Conventions on Private International Law: An Appraisal
15. The Trend-setting Developments in Conflict of Laws

Annexures

1. Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, 1961
2. Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters, 1965
3. Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, 1970
4. Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations, 1973
5. Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption
6. Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, 2007
7. Protocol on the Law Applicable to Maintenance Obligations, 2007

Case Index

Index

About the Author