9 August 2019
Private International Law within the European Union
This course is an introduction to general principles of private international law with the emphasis on the unification of the conflict of law rules as the part of the integration proces within the EU and its effects on the freedoms of movement within the common market.
Nowadays it is more and more common that legal relationships have cross-border character. We sign contracts with people who reside in another country, we work in international companies and we buy goods via Internet. We fall in love with foreigners, get married and move to another country to start living and working there. In every case like this there is one very important legal question that arises: which law is applicable to the given case?
Such cross-border legal relationships are even more common within the EU which provides freedom of movement. In this context, different conflict of rules being in force in different Member States can be understood as an obstacle to freedom of movement. That is the reason why the EU tries to create unified private international law in certain areas of private law, like contractual obligations or succession law. But those EU activities are only the part of the bigger process, which has stated many decades ago, by states signing international agreement, mostly within other international organization, which is The Hague Conference on Private International Law.
In the introductory part of the course the main sources of private international law - domestic regulations, international conventions and EU secondary law - will be presented, with special focus on their relations towards each other. Along with the EU, being one of the most important international legislator in this matter, the Hague Conference of Private International Law and its work will be described.
The second part of the course is an overview of main European (EU regulations) and international legal instruments (so called the Hague conventions) that provide rules governing jurisdiction, applicable law and recognition and enforcement of rulings in civil and commercial cases.
The last part will be a short guide to carrying out research in private international law - the most important research institutes and libraries will be presented, as well as possibilities of scholarships and Internet websites with materials, papers, on-line lectures and news on private international law.
Faculty of International and Political Studies
Faculty of Law and Administration
The course is designed for students who are interested in legal matters, especially those with international elements. The main point of the course is to show that the unification of private international law is a part of the European Integration, by describing the reasons behind it and the results of it.
The course is also aimed for those students and professionals who want to gain knowledge of the practical matters of indicating the right conflict of laws rule and applying it in order to find a law that will be applicable in the given case.
After this course you are able to:
Understand the consequences of different legal orders in private law in different EU Member States,
Understand the process of unification of private international law as a part of the European Integration,
Indicate the role of the European Union in creating the unified conflict of laws rules,
Find applicable rule on jurisdiction and predict which court will be right to hear the case,
Find applicable conflict of laws rule in and predict which law will be applicable in certain case,
Determine whether the judgement issued in one EU Member States will be recognized and enforced in another EU Member State.
EUR 600: Normal fee
€ 540 early bird discount – deadline 1 March 2019 (10%)
€ 510 partner + RU discount (15%)
€ 450 early bird + partner + RU discount (25%)