1.5.1 Sources and Development of Nepalese Private International Law
1. The statutory's-scattered-core: the Muluki-Civil-Code-2074's-closing-chapter (the foreign- law's-provisions (the conflict's-codification (the 1.5.2's-features))); the CPC-2074's-jurisdiction- faces (the foreign-defendant's-sue (the U2.4's)); the Evidence-Act-2031's-foreign-law-proof (the LAW5601-U's-companion); the arbitration's (the Arbitration-Act-2055's-foreign-award (the NY- Convention's-implementer)).
2. The case-law's-line: the Minadevi-era's-judgments (the foreign-decree's-recognition (the U8's-cases)); the immigration-and-the-family-line (the Maria-Victoria-and-the-later (the U2- U5's)).
3. The treaty's-layer: the NY-Convention-1988-party (the verified-record (the LAW5602-U's)); the DTAs'-faces (the tax's-conflict-avoidance (the LAW5608-U2's)); the non-party's-gaps (the Hague's-absence (the service-evidence-child-abduction (the verified-LAW5601-record's-echo))).
4. The development's-story: the pre-2074-scatter (the Muluki-Ain's-era's-foreign-faces (the 1854's-world-marginal)); the 2074's-codification-step (the Civil-Code's-chapter (the modernising-moment)); the globalisation's-pressure (the migration-and-the-remittance's (the family's-and-the-employment's-cross-border-explosion (the demand's-driver))).
1.5.2 Codification of Nepalese Private International Law: Its Features and Challenges
The features: the Civil-Code's-chapter (the first-comprehensive (the foreign-judgment's- conditions (the applicable-law's-rules' faces (the marriage-property-obligations' touches)))); the compact (the general-and-the-specific (the pragmatic-not-the-encyclopedic)); the common-and- the-civil-blend (the India's-and-the-England's-influence (the diaspora's-law-world (the cite-and- compare tradition))). The challenges (the exam's-critique): the thinness (the rules'-brevity (the gaps'-judicial-fill (the doctrine's-absence (the no-textbook-tradition (the Garimella's-South- Asian-practice's-note)))); the institutional (the courts'-capacity (the foreign-law's-proof (the translation's-and-the-expertise's)); the policy's-coherence (the immigration-family-commercial-silos (the one-frame's-need)); the treaty's-gap (the Hague's-non-engagement (the bilateral's-absence (the enforcement's-reciprocity-void))).