Conflict Of Laws Ii
- Law
- 500 level
- 4 credit units
- 101 pages
- 17 units
This course delves into the complexities of Conflict of Laws II, focusing on matrimonial causes, issues relating to children, legitimacy, legitimation, adoption, and succession. It examines the formal validity of marriage, capacity to marry, consent of parties, and polygamous marriage. The course also covers jurisdiction in matrimonial causes, recognition of foreign decrees, and presumption of death. Students will explore the legal implications of adoption and the enforcement of foreign judgments in Nigerian courts.
About this course
- Difficulty
- Intermediate
- Study hours
- 208 hours
- Maths
- None
- Content
- Theoretical, case study
- Practical work
- No
- Assignments
- Tutor Marked Assessments
- Final Examination
What you'll read
The real module and unit structure of JIL514, taken from the course material NOUN publishes.
One paragraph, so you can see how it reads
JIL514 · UNIT 1 FORMAL VALIDITY OF MARRIAGE
Marriage is a contract of a very special kind it can only be concluded as a general rule by a formal public act. Marriage is not usually contracted on the phone or by exchange of letters or mails. Its dissolution also follows a stated formal pattern.
What you should be able to do
- Explain the legal requirements for valid marriages in Nigeria.
- Analyze the factors determining capacity to marry and consent of parties.
- Evaluate the recognition and enforcement of foreign judgments in Nigerian courts.
- Discuss the legal principles governing legitimacy, legitimation, and adoption.
- Apply the rules of intestate and testate succession in Nigeria.
- Assess the impact of international conventions on family law in Nigeria.
What it prepares you for
- Legal Practitioner
- Family Law Attorney
- Private International Law Consultant
- Judicial Officer
- Legal Researcher
- Law Firms
- Judiciary
- International Organizations
- Government Agencies
- Non-Governmental Organizations
Where it gets hard
The units students slow down on, and what makes each one heavy.
- Module 2: Matrimonial Causes
Unit 1: Jurisdiction
Understanding the nuances of domicile and habitual residence in determining jurisdiction requires careful analysis of case law and statutory provisions.
- Module 3: Issues Relating to Children
Unit 2: Effect of Foreign Orders
The interplay between Nigerian law and international conventions on child abduction requires a deep understanding of conflict of laws principles.
- Module 4: Legitimacy, Legitimation and Adoption
Unit 3: Adoption
Navigating the legal and ethical considerations surrounding inter-country adoption demands a critical perspective on cultural sensitivity and child welfare.
A suggested way through it
13 weeks, about 60 hours in total. Yours will differ.
- Week 1Module 1: Formal Validity of Marriage
Unit 1: Formal Validity of Marriage · 3 hours
Define marriage and explain its nature.. Discuss the formalities of marriage and the concept of *lex loci celebrationis*.. Analyze the necessity for parental consent in marriage..
Unit 2: Capacity to Marry · 3 hours
Explain the concept of capacity to marry and its essential elements.. Discuss the laws regulating capacity to marry, including Dicey's and Cheshire's theories.. Analyze the relevance of the place of celebration of marriage..
- Week 2Module 1: Formal Validity of Marriage
Unit 3: Consent of the Parties · 3 hours
Define consent to marry and explain its nature.. Describe forced marriage and its implications.. Discuss the system of law regulating consent in marriage contracts..
Unit 4: Polygamous Marriage · 3 hours
Discuss the nature of polygamous marriage and its recognition in Nigeria.. Explain the different types of marriages in Nigeria.. Analyze contemporary trends in marriage, including registered partnerships and same-sex marriage..
- Week 3Module 2: Matrimonial Causes
Unit 1: Jurisdiction · 4 hours
Define jurisdiction in matrimonial causes and explain its determination.. Discuss the Nigerian position on jurisdiction in matrimonial causes.. Explain jurisdiction to entertain nullity of marriage..
- Week 4Module 2: Matrimonial Causes
Unit 2: Stay of Proceedings in Matrimonial Causes · 4 hours
Identify categories of stay of matrimonial proceedings.. Enumerate principles guiding the grant or refusal of an application for stay of proceedings.. Highlight the necessity for stay of proceedings and discuss stay of proceedings pending interlocutory appeal..
- Week 5Module 2: Matrimonial Causes
Unit 3: Foreign Divorce, Nullity and Separation Decrees Recognition · 4 hours
Define recognition of foreign decrees and explain its meaning.. Discuss recognition under the Matrimonial Causes Act.. Analyze factors regulating recognition of foreign decrees and grounds for refusal of recognition..
- Week 6Module 2: Matrimonial Causes
Unit 4: Presumption of Death and Dissolution of Marriage under the Matrimonial Causes Act · 4 hours
Explain the grounds for presumption of death of a spouse.. Discuss the ambit of the relief and jurisdiction to entertain proceedings.. Analyze the choice of law and recognition of foreign decrees..
- Week 7Module 2: Matrimonial Causes
Unit 5: Maintenance, Custody and Settlement · 4 hours
Explain maintenance proceedings and the issues considered by the court.. Discuss the purpose and scope of maintenance.. Analyze custody of children of the marriage and property settlement proceedings..
- Week 8Module 3: Issues Relating to Children
Unit 1: Jurisdiction of Nigerian Court in Custody and Guardianship of Children · 4 hours
Define child, guardianship, and custody.. Distinguish between guardianship and custody.. Discuss the jurisdiction of the Nigerian court in custody and guardianship of children..
- Week 9Module 3: Issues Relating to Children
Unit 2: Effect of Foreign Orders · 4 hours
Explain the meaning of foreign orders.. Discuss the implementation of foreign custody orders in Nigeria.. Analyze the grounds for refusing returns in custody cases..
- Week 10Module 4: Legitimacy, Legitimation and Adoption
Unit 1: Legitimacy · 4 hours
Explain the meaning of legitimacy and the Nigerian position.. Discuss legitimacy under customary law and the presumption of legitimacy.. Analyze the position in England and the effect of legitimation..
- Week 11Module 4: Legitimacy, Legitimation and Adoption
Unit 2: Legitimation · 4 hours
Explain the meaning of legitimation and its modes.. Discuss statutory legitimation and legitimation by subsequent statutory marriage.. Analyze the prerequisite for the application of Section 3(1) of the Legitimacy Act and the effect of legitimation..
- Week 12Module 4: Legitimacy, Legitimation and Adoption
Unit 3: Adoption · 4 hours
Examine the concept of adoption, suitability to adopt, and suitability to be adopted.. Identify conditions precedent to making an adoption order.. Explain the legal implications of adoption and analyze concerns about extra-territorial adoption..
- Week 13Module 5: Succession
Unit 1: Intestate Succession · 4 hours
Explain the meaning of succession and intestate succession.. Discuss intestate succession to movable and immovable property.. Analyze the application of intestate succession and the distribution of property under the Administration of Estate Law 1959..
Unit 2: Testate Succession · 4 hours
Explain the nature of a will and the capacity to make a will.. Discuss privileged wills and the formal requirements of a will.. Analyze the revocation of wills and the effect of wills..
Preparing for the exam
- Create detailed summaries of each unit, focusing on key definitions and legal principles.
- Review and analyze the case studies provided in the course materials to understand the practical application of legal concepts.
- Practice answering past examination questions to improve time management and exam technique.
- Develop concept maps linking different modules to understand the interconnectedness of topics such as marriage, legitimacy, and succession.
- Pay close attention to statutory provisions, particularly the Matrimonial Causes Act and the Administration of Estate Law.
- Form study groups to discuss complex topics and clarify doubts.
- Prioritize studying areas where you have identified weaknesses through self-assessment and practice questions.
- Allocate sufficient time for revision in the weeks leading up to the examination.
- Familiarize yourself with relevant international conventions and their impact on Nigerian law.
- Ensure you understand the differences between customary law, Islamic law, and statutory law in relation to family matters.
Questions students ask about this course
What is JIL514 about?
This course delves into the complexities of Conflict of Laws II, focusing on matrimonial causes, issues relating to children, legitimacy, legitimation, adoption, and succession. It examines the formal validity of marriage, capacity to marry, consent of parties, and polygamous marriage. The course also covers jurisdiction in matrimonial causes, recognition of foreign decrees, and presumption of death. Students will explore the legal implications of adoption and the enforcement of foreign judgments in Nigerian courts.
How many units does JIL514 have?
JIL514, Conflict Of Laws Ii, has 17 units across 6 modules, over 101 pages of course material. You can read it one unit at a time.
How many credit units is JIL514?
JIL514 carries 4 credit units, at 500 level in Law.
Is JIL514 hard?
JIL514 is rated intermediate level, with no mathematical content. It is mostly theoretical and case study work.
How long does JIL514 take to study?
About 208 hours of study, spread across its 17 units.
How is JIL514 assessed?
JIL514 is assessed by Assignments, Tutor Marked Assessments and Final Examination.
What can I do with JIL514?
Legal Practitioner, Family Law Attorney, Private International Law Consultant, Judicial Officer and Legal Researcher.