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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. ............................................................................................................................. 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 Index ............................................................................................................................. 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. .............................................................................................................................
