ONLINE CERTIFICATE ON PRIVATE INTERNATIONAL LAW
(PRIVATE INTERNATIONAL LAW (CONFLICT OF LAWS) – SYLLABUS)Unit I: Introduction
- Meaning, nature and scope of Private International Law
- Distinction between Public International Law and Private International Law
- Historical development of Private International Law
- Sources of Private International Law
- Theories of Private International Law
- Codification and unification of Private International Law
Unit II: Jurisdiction of Courts
- Concept and basis of jurisdiction
- Kinds of jurisdiction:
- Territorial jurisdiction
- Personal jurisdiction
- Subject-matter jurisdiction
- Jurisdiction of Indian courts in international disputes
- Doctrine of Forum Conveniens
- Submission to jurisdiction
- Jurisdiction clauses in international contracts
Unit III: Choice of Law (Applicable Law)
- Meaning and importance of choice of law
- Connecting factors:
- Domicile
- Residence
- Nationality
- Place of contract
- Place of wrong (Lex loci delicti)
- Law applicable to:
- Status and capacity
- Marriage and matrimonial causes
- Divorce and separation
- Guardianship and adoption
- Succession and inheritance
- Contracts
- Torts
Unit IV: Doctrine of Renvoi
- Meaning and kinds of Renvoi
- Acceptance and rejection of Renvoi
- Renvoi in English and Indian law
- Case laws relating to Renvoi
Unit V: Exceptions to Choice of Law
- Doctrine of Public Policy
- Penal and revenue laws
- Doctrine of Lex Fori
- Mandatory rules
- Fraud on law
Unit VI: Recognition and Enforcement of Foreign Judgments
- Meaning of foreign judgment
- Recognition of foreign judgments
- Enforcement of foreign judgments in India
- Grounds for refusal of recognition or enforcement
- Sections 13 and 44A of the Code of Civil Procedure, 1908
- Presumption as to foreign judgments
Unit VII: Family Law and Private International Law
- Marriage under Private International Law
- Validity of marriage
- Matrimonial reliefs
- Legitimacy
- Adoption and guardianship
- Succession under Private International Law
Unit VIII: Commercial Matters and Private International Law
- International commercial contracts
- Jurisdiction and choice of law in commercial disputes
- Arbitration in Private International Law
- Enforcement of foreign arbitral awards
- New York Convention
- UNCITRAL Model Law
Unit IX: Contemporary Developments
- Globalization and Private International Law
- Hague Conventions
- International child custody disputes
- Cross-border marriages and divorces
- Role of international treaties and conventions