Description
Oxford University Press Private International Law: A Case Study by V C Govindaraj
In deciding cases of private international law or conflict of laws, as it is widely known, judges of the Supreme Court in India generally consult the works of renowned English jurists like Dicey and Cheshire. This volume argues that our country should have its own system of resolving inter-territorial issues with cross-border implications. The author critically analyses cases covering areas such as the law of obligations, the law of persons, the law of property, foreign judgments, and foreign arbitral awards.
The author provides his perspectives on the application of law in each case. The idea is to find out where the judges went wrong in deciding cases of private international law, so that corrective measures can be taken in future to resolve disputes involving complex, extra-territorial issues.
About the Author
V.C. Govindaraj is former professor, Faculty of Law, University of Delhi, India.
Table of contents
Preface
Table of Cases
BRIEF OUTLINE FOR THE CASE STUDY
PART I
Domicile and Residence
PART II
The Law of Obligations: Foreign Contracts and Foreign Torts
PART III-1
Law of Persons: Marriage and Matrimonial Causes
PART III-2
Law Relating to Children: Custody of Minors and the Role of Courts as Parens Patriae
PART IV
Validity of Marriage: Should It Be Deemed Omnific in Conflict Resolution of Related Issues?
PART V-1
Foreign Judgments: Recognition and Enforcement
PART V-2
Foreign Arbitral Awards and Foreign Judgments
Based upon Such Awards: A Juridical Inquiry
Part VI
Property
Part VII Law Relating to Procedure
Glossary of Latin Terms Index About the Author