UNIT - I 15 Periods
a) Nature and Scope of Private International Law –Origin and development of Private
International Law in Civil Law legal system and Common Law legal system-influence of
international conventions and unifying laws of European Community
b) Globalisation and the resultant position of Private International Law –Easy and effective
movements of people, wealth and trade across borders need for a new concept for Private
International Law-dispute over the name of the subject ―Is it Private International Law or
Conflict of Laws.
c) Origin and development of Private International Law in India-Reliance on British Model-
Legislation –C.P.C with reference to section 13,15 and 20-Indian Succession Act, sections 4
to 19-Indian Evidence Act Sec 45,57,74,78 and 82-Cyber Laws-Negotiable Instruments Act-
Lack of Comprehensive legislation and conventions-amorphous precedent-lack of scholarly
treaties
UNIT - II 15 Periods
Characterisation of Private International Law, Theories of Private International Law-Three
stages of Characterisation –Renvoi-Jurisdiction, Foreign Judgements and Awards-Brussells
and Lugawai conventions that are in operation in Europe-the effort of Indian courts to draw
inspiration from them in the above - absence of such conventions in Asian Continent-
Application and Exclusion of Foreign Law and Foreign judgements-Law of Domicile-The
provisions of Civil Procedure Code and jurisdiction of courts
UNIT - III 15 Periods
Family Law and Private International Law, Marriage –Material and formal validity in English
and Indian Law-Matrimonial causes –Recognition of Foreign Decrees of divorce-Orders for
maintenance (English and Indian Law)-Jurisdiction of Courts(English and Indian Law) status
of courts (English and Indian Law)status of Ancillary orders and relief granted by foreign
courts-Legitimacy of Children(History-Indian and English Law)-Adoption-Recognition of
foreign adoption-Role played by the Supreme Court of India-Guardianship and Custody
–Children – Guidelines of 1994-Custody and Guardianship (English and Indian Law)
UNIT- IV 15 Periods
Corporation-Law of Corporation (English, American and Indian Laws) –Role of
Transnational
Corporations-Need for Unified Private International Law-Law of Property (Characterisation)-
immovable property-General rules-Formal and material validity-Foreign immovable
properties and jurisdiction of Indian Courts-Movable Property-Alienation of tangible and
intangible properties-voluntary and involuntary assignments-financial derivatives-
Insolvency-
Law of Bankruptcy-theories of unity (English and Indian Law)-Effect of discharge-
Succession-Choice of Law (Characterisation)-Peculiarity of Indian Personal Laws-
Testamentary and intestate succession-succession to movable and immovable property-
Administration of Estates and Position of Foreign Administrators.
UNIT - V 15 Periods
Law of obligations-commercial contracts-Proper Law as chosen by parties-Law of country
that has connection –capacity of contract-Formal and material validity-Law, Procedure and
parties to the forum-Discharge of parties to contract-Negotiable instrument-Material validity
of assignments-Dishonour of instrument( English and Indian Law)-Tort-Various
Theories(English and Indian Law)-procedure-Characterisation of substantive and procedural
Law-Law of Limitation and Evidence-Remedies-Execution-Stay of actions(English and
Indian
Law)-Arbitration Agreements-end stay of proceedings-International Aribitration-Arbitration
and Conciliation Act.