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Report No. 110

Chapter 4

Conflict of Laws1 (Section 3A et seq)

I. Section 5-Placing

4.1. Separate part in the Act to deal with conflict of laws.-

At this stage, we would like to interrupt our consideration of the substantive sections of the Act and refer to one matter which is of considerable practical importance. The Act, in section 5, deals with the law applicable to succession. This provision is included in Part II entitled 'Domicile'. In fact, however, the section deals with a basic principle of conflict of laws. "Domicile" is mentioned in the section as only one of the criteria for determining the law applicable. Essentially, the section deals with the law applicable.

To bring out this essential character of section 5, the section should really appear in a separate Part which can be placed say (after Part I), as Part IA. That Part could be given the heading "Conflict of Laws" and section 5 included therein.2 If any other rules3 of conflict of laws related to testamentary and intestate succession are considered appropriate for being codified, they can also be conveniently included in the same Part.

1. To be introduced as Part IA in the Act.

2. For the concrete recommendation, see para. 4.20, infra.

3. For an illustration see paras. 4.4 to 4.8, infra.

The Indian Succession Act, 1925 Back

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