Admission requirements
Basic knowledge of civil law
Description
In disputes about international employment contracts, disputes about international traffic accidents, 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 recognised and enforced).
Sources of PIL can be found at both an international and a national level: There are several international institutions which attempt to codify and modify rules of PIL through supranational regimes.
The course focuses on the PIL-regimes which have been developed by the EC 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 European Union employs 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 sales contracts, international employment contracts, international tort 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:
Short description of the course:
See under description
The course has the following objectives:
- See under description
Learning outcomes
Achievement levels:
The following achievement levels apply with regard to the course:
- To be announced
Timetable
See: http://www.leidenuniv.nl/rechten/osi/wg/
Mode of instruction
Lectures
Number of (2 hour) lectures: One 2-hour lecture per week for a duration of 10 weeks
Names of lecturers: Ms. Prof. Dr. 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 exam.
Submission procedures
Areas to be tested within the exam
Indicated in Reader plus additional material made available at the lectures
Blackboard
More information on this course is offered in “Blackboard”: http://blackboard.leidenuniv.nl/.
Reading list
Obligatory course materials
Literature:
- none
Course information guide:
- see in reader
Reader:
- Reader, available at Onderwijsmaterialen (KOG, room A.045)
Recommended course materials:
- Indicated in the Reader and announced during the lectures
Registration
Students have to register for courses and exams through uSis
Contact details
Coordinator: Ms. Prof. Dr. Veerle Van Den Eeckhout
Work address: KOG, room C2.12
Contact information: by appointment
Telephone number: +31 (0)71 527 7430
E-mail: v.vandeneeckhout@law.leidenuniv.nl
Institution/division
Institution: Civil Law
Division: Private International Law
Room number secretariat: Ms. Inge Gonzalez, KOG, room B2.41
Opening hours: Monday to Thursday 9:30-12:30 (closed on Fridays)
Telephone number secretariat: student assistant: +31 (0)71 527 7421
E-mail: i.m.gonzalez@law.leidenuniv.nl
Remarks
Belangstellenden die deze cursus in het kader van Contractonderwijs willen volgen (met tentamen), vinden hier meer informatie over kosten, inschrijving, voorwaarden, etc.