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    Foreign Court Theory

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    Anurag Kashyap
    This document is a rough draft submitted by Anurag (Roll No. 1310) in partial fulfillment of the Private International Law course at Chanakya National Law University. It examines the foreign court theory and its application in Indian law. The paper aims to understand the meaning and scope of the foreign court theory, its drawbacks and criticisms, and how it is positioned under Indian law. The researcher will use a doctrinal research methodology, relying on books and journals related to Private International Law. The paper is tentatively organized into chapters on the foreign court theory, its scope and drawbacks, its application in India, and a conclusion.

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    Foreign Court Theory

    Uploaded by

    Anurag Kashyap
    186 views3 pages
    This document is a rough draft submitted by Anurag (Roll No. 1310) in partial fulfillment of the Private International Law course at Chanakya National Law University. It examines the foreign court theory and its application in Indian law. The paper aims to understand the meaning and scope of the foreign court theory, its drawbacks and criticisms, and how it is positioned under Indian law. The researcher will use a doctrinal research methodology, relying on books and journals related to Private International Law. The paper is tentatively organized into chapters on the foreign court theory, its scope and drawbacks, its application in India, and a conclusion.

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    This document is a rough draft submitted by Anurag (Roll No. 1310) in partial fulfillment of the Private International Law course at Chanakya National Law University. It examines the foreign court theory and its application in Indian law. The paper aims to understand the meaning and scope of the foreign court theory, its drawbacks and criticisms, and how it is positioned under Indian law. The researcher will use a doctrinal research methodology, relying on books and journals related to Private International Law. The paper is tentatively organized into chapters on the foreign court theory, its scope and drawbacks, its application in India, and a conclusion.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    186 views3 pages

    Foreign Court Theory

    Uploaded by

    Anurag Kashyap
    This document is a rough draft submitted by Anurag (Roll No. 1310) in partial fulfillment of the Private International Law course at Chanakya National Law University. It examines the foreign court theory and its application in Indian law. The paper aims to understand the meaning and scope of the foreign court theory, its drawbacks and criticisms, and how it is positioned under Indian law. The researcher will use a doctrinal research methodology, relying on books and journals related to Private International Law. The paper is tentatively organized into chapters on the foreign court theory, its scope and drawbacks, its application in India, and a conclusion.

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    FOREIGN COURT THEORY & INDIAN LAW

    SUBMITTED BY ANURAG, (ROLL NO. 1310), B.A.L.L.B. (HONS.)


    SUBMITTED TO Dr. P. P. RAO, ASSISTANT PROFESSOR OF LAW

    ROUGH DRAFT SUBMITTED IN PARTIAL FULFILLMENT OF THE COURSE


    PRIVATE INTERNATIONAL LAW FOR THE COMPLETION OF B.A.L.L.B (HONS.)
    COURSE.

    SESSION 2015-2020
    AUGUST, 2019

    CHANAKYA NATIONAL LAW UNIVERSITY


    NYAYA NAGAR, MITHAPUR
    PATNA
    Chapter 1. INTRODUCTION

    The Doctrine of Renvoi is a legal doctrine which applies when a court is faced with a conflict of
    law and must consider the law of another state, referred to as Private international law/Conflict of
    Law rules. This can apply when considering foreign issues arising in succession planning and in
    administering estates. The word “Renvoi” comes from the French “send back” or “return
    unopened”. The “Doctrine of Renvoi” is the process by which the court adopts the rules of a foreign
    jurisdiction with respect to any conflict of law that arises. Countries such as Spain, Italy, and
    Luxembourg operate a “Single Renvoi” system. This system refers to another jurisdiction’s choice
    of law rules. Where the matter arises in a jurisdiction such as Spain, Italy or Luxembourg, those
    jurisdictions will consider whether their own domestic law is the applicable law or if the applicable
    law is that of another jurisdiction. Double renvoi is a form of renvoi whereby, parity of result is
    ensured by the domestic court. The domestic court resolves the issues in the same manner as a
    foreign court selected by its choice of law rules might resolve it. Double renvoi is enforced by the
    domestic court when no other relevant law is specified to resolve the dispute. In this scenario, the
    domestic court considers that it is sitting as the foreign court and will decide the matter as the
    foreign court would.

    1.1 Aims & Objectives

    (i) To understand the meaning and scope of foreign court theory.


    (ii) To be aware about drawbacks and criticisms of foreign court theory.
    (iii) To be aware about the position in India in application of this theory.

    1.2 Research Methodology

    The researcher will rely on doctrinal method of research. The researcher will visit the library and
    refer the relevant books, journals on Private International Law.
    TENTATIVE CHAPTERISATION

    Chapter 1. Introduction

    Chapter 2. Foreign Court theory & its Scope

    Chapter 3. Drawbacks of the Foreign Court theory

    Chapter 4. Foreign Court theory & Law in India

    Chapter 5. Conclusion

    Bibliography

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