Admission
Basic knowledge of civil 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 contract, international law, 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?
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.
Course objectives
Objectives of the course
See description
Achievement levels
See description
Timetable
Please check the timetable
Mode of instruction
Lectures
Number of interactive (2 hour) lectures: 10
Names of lecturers: dhr. Dr.mr. I. Curry-Sumner
Required preparation by students: Will be indicated in the Reader and announced during the classes
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
Reading list
- See the 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: KOG, room B2.41
Opening hours: Monday to Friday 9.00 – 12.00
Telephone number secretary: 0031 71 5277421