Private International Law
Full course description
Private International Law (PIL) provides a set of legal rules for situations where one or more of the parties, facts or circumstances related to a legal dispute are connected with more than one legal system. Private International Law in particular provides: 1. legal rules which establish when a national court has international jurisdiction in any case involving an international element; 2. legal rules which determine the applicable law in cases involving international elements heard before a national court; and 3. legal rules on recognition and enforcement of foreign court judgments.
Each country has its own Private International Law rules, but a significant portion of sources of PIL are international treaties and, in this region, EU regulations. Private International Law has become even more significant as a result of increasing integration within the European Union and because of globalization and increased mobility of people.
This course in particular focuses on the European perspective of Private International Law. Hence it includes: 1. an examination of the general structure, main doctrines, principles and topics (family law, goods, contractual/non-contractual obligations) of PIL from the EU perspective; 2. an introduction to the most important EU Regulations, such as the Regulation 593/2008 on the law applicable to contractual obligations, Regulation 864/2007 on the law applicable to non-contractual obligations, as well as some key international treaties on Private International Law. 3. an overview of the historical development of Private International Law.
For the purposes of this course, Private International Law is understood in a broad sense, thus including the conflict of laws and the law of international civil procedure.
The general aim of the course is to provide students with an understanding of the problems inherent in legal situations involving (a) cross-border element(s) pertaining to private law (b) in Europe.
- The students will gain knowledge of the basic principles and legal rules of Private International Law from the European perspective, as well as of its historical developments.
Applying knowledge and understanding
- The students will learn to apply the knowledge they acquire to identify and solve concrete problems that arise in international (civil and commercial) transactions.
Making legal assessments
- The students will develop their ability to translate knowledge (from textbooks, primary legal sources) into sound legal arguments or own legal points of view.
- They will learn how to identify the pertinent questions in international civil and commercial transactions (type of dispute, relevant PIL question(s), etc.).
- The students will train their abilities to express legal arguments clearly, both orally and on paper.
- The students will develop the techniques legal experts need as regards the gathering, selecting, analyzing, interpreting and synthesizing information from primary sources of EU, international and national law (treaties, legislation, case law) as well as second sources (textbooks, law journals, etc.)
- They will develop their ability to approach the law with a holistic perspective and grasp the consequences of increasingly interconnected civil and commercial transactions.
Basic knowledge of law in general.
- The mandatory textbook for this course is the 2019 edition of M. Bogdan & M. Pertegás Sender, Concise introduction to EU Private International Law, Groningen: Europa Law Publishing.
- The use of the latest edition of ‘Selected National, European and International Provisions from Public and Private Law, the Maastricht Collection’ by Nicole Kornet & S. Hardt (eds.), Groningen: Europa Law Publishing, is recommended for those students who are already in possession of the book and/or participate in other ELS courses.
(See also announcement on Student Portal before the start of the course, all books can be ordered e.g. via Studystore or the publisher).