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Type: |
OB | Curs: |
4 | Period: |
S semester |
ECTS Credits: |
6 ECTS |
Group | Teacher | Department | Language |
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Beatriz Añoveros Terradas | Derecho | ESP |
9. Autonomy, independence, initiative, pro-activeness |
5. Ability for continuous learning Ability to learn continually |
1. Thematic section 1. Introduction and sourcesTopic 1. Private International Law scenarios, aim and naturea) PIL scenarios and the necessity for PIL b) Precision of the aim and nature of PIL c) The characteristics of current PIL: specialisation, flexible nature and materialisation. d) National, European Community and international dimensions of PIL Topic 2. The PIL system of sources a) The diversification of sources of current PIL: autonomous, conventional and institutional PIL b) The Spanish Autonomous PIL system: development and current situation c) The role of international agreements: conventional PIL in the context of international organisations d) PIL in the European Union: The develop of PIL within the EC: extending the phenomenon to the entire Community. The role of the Court of Justice of the European Union. |
2. Thematic section II. Judicial and extrajudicial agreement over differencesTopic 3. Legal resolution of differences: international judicial competencya) Methods to resolve differences b) International judicial jurisdiction and competency c) Basic regulation framework of the international judicial competency: principal characteristics and their position in the system d) Concept and typology of international judicial competency. Excusive forums. Role of the autonomy of will. General forums and special forums. Protection forums. e) The control of international judicial competency f) Litispendence and links between cases Topic 4. Proceedings with a foreign element a) The law applicable to the proceedings b) The parts of the proceedings. The benefit of free justice. c) Documents executed abroad d) International judicial assistance: particular examination of the notification and the gathering of evidence abroad Topic 5. Recognition of foreign decisions a) International efficacy of decisions: Recognition and execution b) The Spanish system of recognition and execution: plurality of sources c) The exequátur of autonomous PIL. d) Special regimes: International agreements e) The recognition and execution of decisions in the European Union f) The executive European title Topic 6. Extrajudicial resolution of differences a) International arbitration: applicable regulations b) The arbitration agreement c) The arbitration proceeding. Law applicable to the proceeding. Law applicable to the content d) The efficacy the arbitration decision e) Alternative proceedings to resolve differences |
3. Thematic section III. Determination of the applicable lawTopic 7. Regulation techniquesa) The plurality of regulation techniques b) The imperative regulations of PIL c) Special material regulations of PIL d) Uniform Law agreements e) "Lex mercatoria" f) Conflict regulation: structure and function.- The point of connection and the mobilitiy conflict Topic 8. Application problems a) Articulation between the conflict regulations and direct techniques b) Return and remission to a multi-legislation system c) Qualification and the preliminary issue d) Adaptation problems e) Information and evidence of foreign laws f) Exceptions to the application of foreign laws: the public order |
4. Thematic section VI. Individual, family and inheritanceTopic 9. The capacity and rights of the individuala) The Law covering the individual: mobility conflict and problems of connection application b) The exception of national interest c) The rights of the individual: special reference to the right to a name Topic 10. Matrimony a) The celebration of matrimony: questions of content and form. The preliminary question. b) Recognition of marriages held abroad c) The Law applicable to the effects of matrimony d) Marriage agreements e) Same-sex marriages and unmarried couples Topic 11. Nullity, divorce and separation a) Competency of authorities b) Applicable law c) Recognition and execution of foreign decisions Topic 12. Ffiliation a) Establishment of filiation by nature b) International adoption c) Parent child relationships and parental responsibility Topic 13. The international protection of individuals a) International protection of minors: competency, applicable law, recognition and execution of decisions and cooperation of authorities b) International abduction of minors. c) The international protection of adults: competency, applicable law, recognition and execution of decisions and cooperation of authorities Topic 14. Succession due to death. a) Competency of authorities. Administration of succession. b) Applicable Law. The return. c) Testate succession. The structure of the will. d) Intestate succession. Qualification problems. e) Successions, matrimony and filiation. Preliminary questions and adaptation problems |
5. Thematic section V. Companies, deeds and propertyTopic 15. International contractsa) Conflict resolution. International legal competency. Applicable law. Subjective and objective connection. Applicable law to the content and form. b) Protection of the weaker party: consumer and labour contracts c) Impact of imperative norms d) some international contracts in particular Topic 16. Extra-contractual obligations a) Localisation of the illicit deed. b) International judicial competency c) Applicable law.- The contractual extra-contractual responsibility relationship d) Particular aspects of some cases of extra-contractual responsibility Topic 17. Real rights a) Real estate b) Corporeal moveable property. Mobility conflict. c) Non-corporeal moveable property |
1 | 2 | 3 | 4 | 5 | |
Assignments and out-of-class activities | |||||
Classroom activities | |||||
Final written exam |
Description | % |
---|---|
Assignments and out-of-class activities | 15 |
Classroom activities | 25 |
Final written exam | 60 |
Group | Teacher | Department |
---|---|---|
Beatriz Añoveros Terradas | Derecho |