Books > Law > International law > Private international law & conflict of laws
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Private International Law - A Case Study (Hardcover)
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Private International Law - A Case Study (Hardcover)
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Judges of superior courts in India lean heavily on English case-law
and on the views of renowned English jurists, like Dicey and
Cheshire, in deciding cases on private international law or
conflict of laws. The time has come to evolve our own system of
conflict of laws as did American Courts and American jurists in the
course of the last two hundred years. This work deals with cases
that call for comment in the three main areas of the subject,
namely the law of obligations, the law of persons, and the law of
property, besides cases that call for comment in respect of foreign
judgments and foreign arbitral awards, as also the law relating to
procedure. The author critically analyses the leading Supreme Court
cases, and provides his perspective on the application of law in
each case. The idea is to state where judges went wrong in deciding
complicated cases dealing with private international law so that
corrective measures can be taken in future. The work aims to
educate judges to decide accurately the cases involving complex
legal issues of extraterritorial application of laws.
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