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SCHOOL OF LAW

Synopsis Submitted on:

CONFLICT OF PRIVATE INTERNATIONAL LAW &


AVOIDING CONFLICTS

In the subject of:

Private International Law

Submitted To:

Asst. Prof. Syamkumar

Submitted by:

Sachit Agarwal (A013)

B.B.A., LL.B (Hons.)

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TITLE

CONFLICT OF PRIVATE INTERNATIONAL LAW & AVOIDING CONFLICTS

BACKGROUND

Conflict of Laws, also known as, Private International Law is a branch of the law dealing with
the adjudication of a matter which involves some foreign element. It can be defined as an
opposition or contradiction in the applicable laws of different states or jurisdictions regarding the
rights of the parties in a case. When two laws conflict, the court must decide which law should
apply. There are formal organized rules in place in the legal system, called conflict of laws rules,
which help a court make a determination on which law to apply in a given situation. The court
first must settle this conflict of law questions before beginning to hear the merits of the case and
deciding on a resolution to the dispute. The peculiarity of private international law is that it has
no material content, in the sense that it does not provide any immediate solution to a particular
dispute, but merely indicates the legal system which is competent to provide the rules to be
applied. As a result of globalization, Private International Law has undergone profound changes
and has become a subject of both increasing prominence and complexity. In India the pace of
development of this branch of law is very slow. Generally we follow the principles of English
Private International Law.

RESEARCH PROBLEM

After Globalization the state barriers are getting more and more porous. The flow of people and
properties across state boundaries have increased manifold. So the possibilities of unexpected
problem for legal solution before Indian Courts have increased. We cannot therefore adopt
mechanically the rules of Private International law evolved by other countries. Justice Sinha
says our judges should now feel at liberty to lay down and follow their own rules with regards
to Private International law and in this regard we are in a very fortunate position since we can
adopt the rules laid down in various countries as accord best with our sense of justice equity and
good conscience. We can profit by their experience and avoid their errors.

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The aim of this research project is to provide a practical and legal background of the issues
and conflict of Private International Law and to analyze the various methods for avoiding the
conflicts in private international law.

SCOPE OF THE STUDY

The scope of the study stretches out and is constrained to understanding what are the issues and
conflicts in Private International Law or Conflict of Law, while fundamentally reflecting and
explaining proposals for avoiding the inconsistency and lack of unanimity in Private
International Law.

RESEARCH OBJECTIVES

To understand the meaning of Private International Law.


To study and understand the various issues in Conflict of Law.
To critically reflect and elucidate suggestions for avoiding conflicts in Conflict of Law.
To research about the various international conventions regarding conflict of Private
International Law.

HYPOTHESIS

Though there exist various issues and conflicts in Private International Law, there are certain
ways in which the issues and conflicts may be avoided.

RESEARCH QUESTIONS

1. What is Private International Law?


2. What are the various issues in Conflict of Law?
3. What are the different methods for avoiding conflicts in Conflict of Law?
4. What are the various international conventions regarding conflict of Private International
Law?

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REVIEW OF LITERATURE

1. Cheshire, North and Fawcett, Private International Law (14th ed. 2008)

This book gives an entire gist of what is Private International Law along with its various
principles and all incidental matters thereto. The authors have made an attempt to cover each and
every aspect related to Private International Law no matter how trivial it might be. Further, two
methods of reducing the lack of unanimity in the Private International Law of different countries
has been dealt with in detail.

2. Atul M. Setalwad, Conflict of Laws (3rd ed. 2013)

The book throws light on the conflicts of Private International Law. It provides insight on the
major issue or conflict in Private International Law. Additionally, the author has stated that most
often than not the aim of Private International Law is defeated because Private International Law
is not the same in all countries and therefore there is a need to unify the internal law of various
countries and also unify the rules of Private International Law.

RESEARCH METHODOLOGY

As the study was critical in nature, doctrinal methods have been adopted for the purpose of
research. This research is factual and analytical in nature. Secondary and electronic resources
such as online articles and websites have been used to gather information and data about this
topic. Further, primary sources such as books have also been referred to.

LIMITATIONS OF RESEARCH

As the study was critical in nature, doctrinal methods have been adopted for the purpose of
research. This research is factual and analytical in nature. Secondary and electronic resources
have been used to gather information and data about this topic. Websites and books have also
been referred to.

Research study carries with itself a few limitations, like, as some of the research is restricted to
secondary research so, the quality of research is affected as the origins of the information maybe

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questionable. Secondary research never meets the specific needs of researcher because all those
information, data, statistics have already been generated. Hence, it is suggested that further
researchers critically evaluate and validate the reliability and credibility of the information
gathered.

TENTATIVE CHAPTERIZATION

Abbreviations

Table of cases/ statutes

Chapter 1: Introduction

Chapter 2: Conflicts of Private International Law

Chapter 3: Methods of Avoiding Conflicts

Chapter 4: Conclusion

Bibliography/ References

BIBLIOGRAPHY

Books

Cheshire, North and Fawcett, Private International Law (14th ed. 2008).
Atul M. Setalwad, Conflict of Laws (1st ed. 2011).

Web Sources

http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-
e1424
https://ruwanthikagunaratne.files.wordpress.com/2011/03/9780199574452_chapter1.pdf
https://www.peacepalacelibrary.nl/research-guides/private-international-law/

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https://www.oxbridgenotes.co.uk/revision_notes/law-private-international-
law/samples/issues-in-conflict-of--law
http://hls.harvard.edu/dept/opia/what-is-conflict-of-law/
http://economictimes.indiatimes.com/topic/avoiding-conflicts-in-private-international-
law/
http://timesofindia.indiatimes.com/topic/unification-of-Private-International-Law
http://law.uok.edu.in/Portals/0/UNIT_I.pdf

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