Prospectus

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European Private International Law in a Global Context

Course
2013-2014

Admission

Background in law

Description

In disputes about international contracts, international torts , international divorces, etcetera, the rules of Private International Law (PIL) play an important role. PIL is in essence national law written for international situations: the circumstance that situations have a relevant connection with more than one legal system adds an international dimension to the legal process, which may be found on three levels. Rules of PIL include (1) rules of jurisdiction (in order to prescribe the conditions under which a national court (e.g. a Dutch court/a French court/…) is competent); (2) rules of applicable law (in order to determine for each class of cases the particular system of law (e.g. Dutch law/French law/…) by reference to which the rights of the parties must be ascertained); and (3) recognition and enforcement (in order to specify the circumstances in which a foreign judgment can be recognized and enforced). Sources of PIL can be found at both an international and a national level: there are several international institution which attempt to codify and modify rules of PIL through supranational regimes.

The course focuses on the PIL-regimes which have been develop by the EU institutions, in the form of conventions, regulations, directives and case law. In fact, in order to create an area of freedom, security and justice in civil matters, the EU has already employed a considerable number of legal instruments dealing with issues of jurisdiction, applicable law and recognition and enforcement.

The course examines rules of PIL in some specific areas, such as international employment contracts, international torts, international company law, international divorces, international law regarding names. Some of the underlying themes presented during the course are: do we need different rules of PIL for European and non-European cases? Should the EU aim for “full faith and credit” of decisions between the Member States?

Course objectives

Objectives of the course
The purpose of the course is to make students aware of the problems PIL deals with, to provide methods and rules to solve some of the issues in the field of PIL, and to enable students to evaluate European PIL in a context of globalization.

Achievement levels_ – Background knowledge of European PIL – Basic knowledge of European PIL rules and PIL issues in some specific areas of law – Ability to apply European PIL rules to simple cases

Timetable

Please check the timetable

Mode of instruction

Lectures

  • Number of (2 hour) lectures: 10

  • Names of lecturers: Veerle Van Den Eeckhout

  • Required preparation by students: Will be indicated in the Reader and announced during the classes

Seminars

  • Number of (2 hour) seminars:

  • Names of instructors:

  • Required preparation by students:

Other methods of instruction

  • Description:

  • Number of (2 hour) instructions:

  • Names of instructors:

  • Required preparation by students

Assessment method

Examination form(s)

  • Written examination

Submission procedures

Areas to be tested within the exam
Indicated in Reader plus additional material made available at the lectures

Blackboard

Blackboard.

Reading list

Obligatory course materials
Literature:

  • None *
    (See the reader)
    Course information guide: *See the reader * Reader:

  • Reader “European Private International Law in a Global Context” * Recommended course materials *
    See the reader

Registration

Students have to register for courses and exams through uSis

Contact information

  • Co-ordinator: Veerle Van Den Eeckhout

  • Work address: KOG, room C2.12

  • Contact information: by appointment

  • Telephone number: 31 71 5277430

  • Email: v.vandeneeckhout@law.leidenuniv.nl

Institution/division

  • Institute: Private Law

  • Department: Civil Law, section Private International Law

  • Room number secretary: Ms. Inge Gonzalez, KOG, room B2.41

  • Opening hours:

  • Telephone number secretary: 0031 71 5277421

  • Email: i.m.gonzalez@law.leidenuniv.nl