Setalvad 's Conflict of Laws

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Description
Conflict of Laws is a field of law which is not very widely known to the ordinary law practitioner. It has to be considered only if a particular litigation has a foreign element as, for example, when the contract in issue was entered into in another country or was to be performed in another country. This is only one example, and there are numerous other situations where the principles of conflict of laws may have to be applied: if parties were married abroad; if the deceased was domiciled abroad; if the company was incorporated abroad, etc. Resort to the rules of conflict of laws may be necessary in the most diverse situations. This branch of law is likely to be of growing importance in India as there is increasing international trade, more cross-border investment and, as increasingly, more Indians live and settle outside India. This book covers the subject extensively. It considers international conventions in the field, the law in England, the law in some Common Law countries and the law in India. Apart from some provisions in the Civil Procedure Code relating to the enforcement and execution of foreign judgments, and the laws relating to foreign awards, there are few Indian decisions on the subject. It is, therefore, absolutely necessary to consider the rules of law developed in England and other Common Law countries as well as the international conventions laying down conflict of laws rules in several fields. Such conventions offer guidance to our courts as they lay down what our Supreme Court has called 'transnational' rules of law. There is a detailed synopsis at the beginning of each chapter setting out its contents in detail: this should be useful to the busy practitioner. The book should find its place in the library of any lawyer practising Civil Law in India.
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Contents
Chapter 1.    Nature and Scope of Conflict of Laws
Chapter 2.    Characterisation, and the Incidental Question; the Time Factor
Chapter 3.    Renvoi
Chapter 4.    Procedure and Substance
Chapter 5.    Proof and Application of Foreign Law
Chapter 6.    Exclusion of Foreign Law
Chapter 7.    Domicile
Chapter 8.    Jurisdiction of Courts
Chapter 9.    Recognition and Enforcement of Foreign Judgments
Chapter 10.  Enforcement of Foreign Awards
Chapter 11.  Marriage and Matrimonial Reliefs
Chapter 12.  Children
Chapter 13.  Mentally Ill Persons
Chapter 14.  Nature and Situs of Property
Chapter 15.  Immovable Property
Chapter 16.  Transfer of Movables
Chapter 17.  Actions of Foreign Governments Regarding Property
Chapter 18.  Effect of Marriage on Property Rights
Chapter 19.  Administration of Estates
Chapter 20.  Succession to Property on Death
Chapter 21.  Trusts
Chapter 22.  Corporations
Chapter 23.  Insolvency
Chapter 24.  Contracts
Chapter 25.  Restitution
Chapter 26.  Torts
Chapter 27.  Foreign Monetary Obligations
Subject Index
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Author Details
Atul M. Setalvad was educated in Mumbai and London. He is a Senior Advocate practising law since 1958, mainly in the Bombay High Court but has also regularly appeared in the Supreme Court and other Courts. His fields of interest are all branches of Civil Law with a particular emphasis on Constitutional Law, Administrative Law, Law of Contracts and the Laws of Arbitration and Indirect Taxes. He has appeared in many public interest matters in the fields of environment protection and human rights.
Revising Editors
Hon'ble Mr Justice G B Patnaik Former Chief Justice of India
Yasobant Das Senior Advocate, Supreme Court of India
Rita Das PhD Political Science
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