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The Conflict of Laws in India (Inter-Territorial and Inter-Personal Conflict)

The Conflict of Laws in India (Inter-Territorial and Inter-Personal Conflict)

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Description
In a globalizing world people are increasingly moving across national frontiers and ate also engaging in inter territorial legal transactions However, each state has its own system of laws that may be in conflict with laws of cither slates The question, therefore, is which laws should be applied in disputes relating to cases such as inter territorial contracts, torts, marriages and property lights issues Sue h disputes can also be inter personal, and within a territory, in cases where a marriage is contacts ted between people of different faiths These and similar complex questions are discussed m the rapidly emerging field of conflict of laws
This book is a detailed and case oriented study of these issues it shows how courts in conflict cases take notice of foreign laws and if need be, give effect to them to render justice. Conflict of law, is subject to the constitution and the statutes of a country, besides obligations arising out of treaties to which a country is a party. It still is, however, largely judge made, and dependent on the process of judicial interpretation, which takes into account a host of factors
Providing a contemporary perspective, the book analyses ail three main areas of the subject -law of obligations, law of persons, and law of property. It thoroughly discusses critical Issues such as domicile, foreign arbitral awards, law of procedure, and also the role played by international conventions.
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Contents
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
Case Index
Index
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Author Details
V.C. Govindaraj
is former Professor, Faculty of Law, University of Delhi.
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