EC 44.2 Private international law

EC 44.2 Private international law

  • ECTS

    2 credits

  • Component

    Collège Etudes Européennes et Internationales (EEI)

  • Number of hours

    20h

  • Semester

    Spring

Description

  • Introduction
  1. The object of International Private Law
  2. The sources of International Private Law
  3. Focus on EU International Private Law
  • PART A: THE INTERNATIONAL JURISDICTION OF JUDGES

Chap. 1: General rules

  1. In civil and commercial matters
  2. In disunity and child custody matters

Chap. 2: Some adjustments

  1. The prorogation of jurisdiction
  2. The concentration of the dispute in a sole jurisdiction

 

  • PART B: THE APPLICABLE LAW

Chap. 1: The main method: bilateral conflictual rules

  1. Definition
  2. Qualification of the dispute
  3. The application of the foreign law
  4. Exemptions

Chap. 2: Alternative methods

  1. Unilateral rules
  2. Recognition of situations
  3. The elimination of the conflictual methods

Chap. 3: Examples with the Rome Regulations

  1. Contracts
  2. Torts
  • PART C: ENFORCEMENT OF FOREIGN JUDGMENTS

Chap. 1: Mutual recognition of judgments in the EU

  1. The former systems
  2. The new proceedings in Brussels I Bis and Brussels II Ter Regulations

Chap. 2: Focus on two grounds for refusal

  1. Disrespect of an exclusive jurisdiction
  2. Ordre public
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Objectives

  • Resolve conflicts of jurisdiction and conflicts of law according to EU law
  • Determine if a judgment from a Member State can be recognised in another EU State
  • Use the corresponding legal vocabulary
  • Have insights on autonomous notions from EU International Private Law
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Course parts

  • CMLecture20h

Knowledge check

  • 1st session : Continuous assessment in class
  • Resist session : Written exam in class
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