Property

2018 ◽  
pp. 144-147
Author(s):  
V.C. Govindaraj
Keyword(s):  
Conflict Of Laws ◽  
Mineral Rights ◽  
The Law

Property may be movable of immovable. The law that governs movable property is the law of domicile of the party, that is, lex domicilii. The law that governs immovable property is the law where it is situated, that is, lex situs. Immovables not only mean lands, but include all estates, interests and charges in and over lands. They include freehold and leasehold interests, freehold lands subject to a trust for sale though the sale has not taken place, rent charges, mineral rights, and also the interests of a mortgagee. However, rent charges arising out of an equitable claim, based on a contract between parties, partake of the character of a movable property, which can be recovered by an action in an Indian court, the presence of the defendant within its jurisdiction being the condition precedent. There is yet another well-established principle of conflict of laws that municipal courts refrain from exercising jurisdiction in respect of title to, or any kind of right or interest in, foreign immovables.

Private International Law

2018 ◽  
Author(s):  
V.C. Govindaraj
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Application Of Law ◽  
Cross Border ◽  
Corrective Measures ◽  
The Supreme Court ◽  
The Law

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.

The Restatement of the Law of Conflict of Laws

1936 ◽  
Vol 36 (2) ◽  
pp. 183
Author(s):  
Hessel E. Yntema
Keyword(s):  
Conflict Of Laws ◽  
The Law

The Law of Multistate Problems: Cases and Materials on Conflict of Laws

1968 ◽  
Vol 81 (7) ◽  
pp. 1585
Author(s):  
Charles D. Breitel ◽  
Arthur T. von Mehren ◽  
Donald T. Trautman
Keyword(s):  
Conflict Of Laws ◽  
The Law

Conflict of laws regulation of the international family relations in the Russian Federation (legislation and jurisprudence)

2021 ◽  
pp. 127
Author(s):  
Irina Get’man-Pavlova
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Family Relations ◽  
Private International Law ◽  
Legal Doctrine ◽  
Marriage And Family ◽  
Conflict Of Laws ◽  
The Family ◽  
The Russian Federation ◽  
The Law

Russian conflict of laws rules that determine the choice of law applicable to marriage and family relations associated with foreign law and order came into force in 1995 and have been in effect for more than 25 years. Despite the fact that this problem has been studied in great detail in the Russian legal doctrine, the relevance of the analysis of conflict of laws rules set forth in the Family Code of the Russian Federation is by no means exhausted due to the large-scale reform of the rules of Private International Law in the Civil Code of the Russian Federation and the current legislative regulation of international family relations in other States. The article concludes that conflict of laws regulation of the international family relations in the Russian Federation adopted more than 25 years ago needs serious modernization. It is reasonable to carry out the corresponding updating in the following directions: maximum specification of the content of conflict of laws rules for the purpose of more differentiated regulation of the family relations; establishment of a complex and detailed system of the connecting factors aimed at correct determination of the law the most closely connected with the relation and decision-making; the expansion of possibility of choice of the applicable law to divorce and property relations; application of the law the most favorable for a child should become a dominating connecting factor.

The Conflict of Laws and Unjust Enrichment

2021 ◽  
pp. 175-198
Author(s):  
Andrew Burrows
Keyword(s):  
European Union ◽  
The European Union ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Unjust Enrichment ◽  
The Past ◽  
The Law ◽  
The Relationship

This essay revisits the relationship between the conflict of laws and the law of unjust enrichment (or, more widely, the law of restitution) in light of shifts in the legal landscape over the past forty years. It considers the rules of jurisdiction and of choice of law applied by the English courts, accounting for the effects of the UK’s departure from the European Union.

Hague Conventions on Private International Law

2019 ◽  
pp. 239-272
Author(s):  
V.C. Govindaraj
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Active Member ◽  
Private International Law ◽  
Conflict Of Laws ◽  
World Community ◽  
Child Abduction ◽  
The World ◽  
The Hague ◽  
The Law

The world has to acknowledge the contribution the Hague Conference on Private International Law has hitherto made and continues to make in its endeavour to obtain from the world community approval and acceptance of the outcome of its efforts to unify rules of conflict of laws. India has become an active member of the Hague Conference. This chapter discusses the recognition of decrees of divorces and judicial separation and maintenance obligations; child custody and child abduction; the law relating to succession; the law relating to service of summons abroad; Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961; and Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters, 1970.

The Lex Fori

2019 ◽  
pp. 172-194
Author(s):  
Adrian Briggs
Keyword(s):  
Public Policy ◽  
United Kingdom ◽  
International Law ◽  
Private International Law ◽  
English Court ◽  
Conflict Of Laws ◽  
The United Kingdom ◽  
Foreign Law ◽  
The Law

This chapter examines of the role of the lex fori in English private international law before proceeding to examine the rules of the conflict of laws applicable in an English court. Issues for which the rules of the conflict of laws select the lex fori as the law to be applied include grounds for the dissolution (as distinct from nullity) of marriage, even if the marriage has little or nothing to do with the United Kingdom; or settlement of the distribution of assets in an insolvency even though there may be significant overseas elements. Where the rules of the conflict of laws select a foreign law, its application, even though it is proved to the satisfaction of the court, may be disrupted or derailed by a provision of the lex fori instead. The remainder of the chapter covers procedural issues; penal, revenue, and public laws; and public policy.

10 The Wider Legal Context

2020 ◽  
Author(s):  
McFarlane Ben
Keyword(s):  
Conflict Of Laws ◽  
Future Developments ◽  
Legal Context ◽  
The Law

This chapter considers the wider legal context in which proprietary estoppel operates. It therefore considers some of the practical issues (for example, in relation to taxation or the conflict of laws) that may arise when making or defending a proprietary estoppel claim. It is split into three parts. Firstly, the chapter looks at issues that may arise where B brings a proprietary estoppel claim. It then examines alternative claims that may be relevant when a proprietary estoppel claim is brought or contemplated. Finally, the chapter considers possible future developments in the law of proprietary estoppel and presents a case for the expansion of the promise-based strand to promises that are unrelated to land or other property.

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