6105.23 - Private International Law

6105.23

Private International Law

10

Bachelor’s degree or equivalent with adequate component of law.

The objective of the course is to gain understanding of private international law concepts to enable students to apply them in practical cases and situations. Furthermore, it aims at encouraging reflections on human rights implications of the various private international law solutions and to compare solutions from various jurisdictions and to critically assess one’s own.

The course comprises the following parts: 1. GENERAL PART OF PRIVATE INTERNATIONAL LAW – MAIN CONCEPTS AND PROBLEMS: - Jurisdiction, choice of law and recognition and enforcement. Choice of law rule. Connecting factor, types of connecting factors. - Characterisation of the issue, characterisation of the connecting factor, evasion of law (fraude a lá loi), forum shopping, preliminary question, renvoi, public policy (ordre public), proof of foreign law, multi-legal states of territorial and personal basis. The Rigsfællesskab as a decentralised state. 2. PRIVATE INTERNATIONAL LAW IN FAMILY MATTERS (marriage formation and dissolution) 3. PRIVATE INTERNATIONAL LAW IN CONTRACTUAL MATTERS.

Approx. 40 confrontation hours. The course consists of discussion-based lectures, work in groups and presentations, case-based learning and application of the acquired knowledge to cases/situations. The course is taught and examination held in the English language.

After completing this course, the students shall be able to: - Know and use the main concepts of private international law in an accurate manner. - Identify the main problems of private international law in relation to jurisdiction, applicable law and recognition. - Compare various solutions given to private international law issues in different jurisdictions, including decentralised states. - Reflect on the human rights implications of various options to private international law. - Gain an overall view of private international law in the areas of family matters and commercial matters. - Present and formulate arguments in a correct manner both orally and in written.

Examination and learning are interconnected in a process of continuous evaluation. There will be two case-based take-home assignment, each counting 30% (30 hours) and a research-based comparative essay counting 40% of the total. One overall grade is given. It is a precondition for passing the overall course that all three home assignments have been passed.

Internal

7-

The reading materials will mainly consist of excerpts of: Gilles Cuniberti (2017) Conflicts of Laws – a Comparative Approach, Elgar Publishing, 1st Edition (Family law). Geert Van Calster (2021) European Private International Law, Bloomsbury Publishing, 3rd Edition (Introduction). Additional materials in form of articles, judgments, international regulations etc. will be available on the Moode network prior to teaching.

Bárður Larsen