Law

The Conflict of Laws in India: Inter-Territorial and Inter-Personal Conflict Updated edition

By V. C. Govindaraj
Oxford University Press India September 2019

Specifications

ISBN-13
9780199495603
Publisher
Oxford University Press India
Publication
September 2019
Format
Hardback
Jurisdiction
India ? Countri(es) for reference only

Details

Conflict of laws, or private international law, has assumed great importance due to increasing movement and relocation of 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, family law relationship, personal law subjects, and laws relating to property. 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.

This updated edition provides a fresh perspective on the subject and analyses its significance in the dynamic contemporary world. The work not only lucidly examines the inter-territorial conflicts but also lays a special emphasis on inter-personal disputes in the Indian context. The work also evaluates the role of various international instruments and conventions including The Hague Convention on private international law designed to resolve international conflicts. The book also discusses critical issues such as habitual residence, domicile, and obligations for shaping foreign contracts and torts. This edition includes a comprehensive introduction and recent cases, which will help readers understand the changing paradigm within the discipline.

Table of Contents

Foreword by Justice V.R. Krishna Iyer
Preface
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 Conflicts 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
Case Index
Index
About the Author
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