Private International Law (GED70427)

General information

Type:	OB	Curs:	4	Period:	S semester
ECTS Credits:	6 ECTS

Teaching Staff:

Group	Teacher	Department	Language
	Beatriz Añoveros Terradas	Derecho	ENG

Group	Teacher	Department	Language
Sec: A	Beatriz Añoveros Terradas	Derecho	ESP

Group	Teacher	Department	Language
Sec: B	Beatriz Añoveros Terradas	Derecho	ESP

Classroom-based activities: 28 hours, 40% of total credits
Guided activities: 56 hours, 30% of credits
Independent study: 36 hours, 30% of credits

In 1999 the Treaty of Amsterdam entered into force and the European Community was empowered to take measures in the field of private international law. Article 67(4) TFEU provides that the Union shall facilitate access to justice, in particular through the principle of mutual recognition of judicial and extrajudicial decisions in civil matters. Article 81 TFEU deals with judicial co-operation in civil matters, and currently provides the legal basis for private international law matters (both patrimonial and family matters). Private cross border relationships have increased significantly within the European Union. These include consumers that buy goods or obtain services from companies in other Member States; companies that transact cross-border business; infringements of personality rights or other types of tortious conduct resulting in damage involving cross-border elements; marriage and divorce between nationals or residents from different Member States; and related questions on parental responsibility, maintenance, and matrimonial property. European private international law teaches us to focus on how these private situations, which introduce a foreign element (both European and from a third State), should be dealt with legally and how to resolve the issues that they raise and which are: jurisdiction, applicable law and recognition and enforcement. The solutions or replies should be based not only in the traditional private international law methods but also taking into consideration European integration.

European Private international law aims to introduce students to the described contemporary European reality and to be able to understand the aspects and implications that the current legal division of the world entails for private legal relations. This means that students should be able to understand EPIL issues, posed by certain private legal relations (patrimonial and family), and to resolve simple problems of private international law.
Specific learning objectives for students are:
- Knowing how to identify, distinguish and describe the areas covered by European Private International law.
- Understanding the logic of EPIL and applying it to specific situations.
- Knowing how to identify and distinguish the different regulatory levels: national, European and International. Knowing how to interrelate the different levels and determine their application to specific situations.
- Understanding the European rules of jurisdiction in all fields focusing on the following: Brussels I Regulation Recast, No. 1215/2012 (jurisdiction, recognition and enforcement), and the ancillary Regulations on a European Enforcement Order, No. 805/2004; Brussels IIbis Regulation, No. 2201/2003 (jurisdiction, recognition and enforcement divorce and parental responsibility. Understanding and identifying how this jurisdiction fits in with foreign authorities in certain areas: contracts, consumption, non-contractual obligations, divorce, parental responsibility, etc.
- Identifying and understanding the different types of rules and legislative techniques used to determine the law applicable to contractual, consumption, non-contractual, divorce and legal separation and parental responsibilities. Knowing the following: Rome I Regulation, No. 593/2008 (applicable law contractual obligations); Rome II Regulation, No. 864/2007 (applicable law non-contractual obligations). In the area of family law, these are: Rome III Regulation, No. 1259/2010 (applicable law divorce; enhanced cooperation); Regulation 2016/1103 (jurisdiction, applicable law and recognition and enforcement on Matrimonial Property Regimes Regulation) and Regulation 2016/1104 (jurisdiction, applicable law and recognition and enforcement on property consequences of registered partnerships).
- Knowing the relationship between the regulations on jurisdiction and applicable law.
- Understanding the European Court of Justice rulings, interpreting the above mentioned regulations and their impact on the national judges.

9. Autonomy, independence, initiative, pro-activeness

5. Ability for continuous learning Ability to learn continually

1. MODULE I INTRODUCTION AND SOURCES 1. Introduction: What is Private international law? Understanding different terminology. Legal pluralism and legal diversity. The existence of cross-border private relationships. Three main areas: jurisdiction, applicable law and recognition and enforcement. Cooperation of legal authorities. The different dimensions: national, European, international. 2. European Private international law The empowerment of the European Union in matters related to private international law. From the Treaty of Rome to date. The European Judicial Area. Cooperation in Civil Matters. Legal basis: art. 81 TFUE. Different measures.

2. MODULE II JURISDICTION AND RECOGNITION AND ENFORCEMENT 3. Jurisdiction: General questions. What is jurisdiction? Brussels I Regulation recast (Council Regulation No. 1215/2012 the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). Interpretation. Scope of application. Relationship with other conventions. 4. Heads of Jurisdiction Exclusive jurisdiction. Party autonomy: Choice of forum agreements. Entering an appearance. Jurisdiction over business to business contracts. Special jurisdiction in matters relating to a contract. Jurisdiction over co-defendants - provisional measures. Consumer contracts. Jurisdiction in matters relating to tort. Matters relating to tort, delict and quasi-delict. 5. The Verification of jurisdiction - Lis alibi pendens and related actions. The Verification of jurisdiction - Lis alibi pendens between two Member states. Lis abili pendens between a Member State and a third state. Related actions. The forum non conveniens and Brussels I Regulation recast. Interim measures 6. The recognition and enforcement of foreign State court judgements Principles. Recognition and enforcement. Different Theories. Giving effect to a judgement. Res iudicata. The various schemes of the recognition and enforcement of foreign judgments. The principle of mutual recognition. Recognition and enforcement under Brussels I Recast. Recognition and enforcement under the Lugano Convention.

3. MODULE III APPLICABLE LAW 7. General ideas. Introduction to choice of law Why apply foreign law? Traditional choice of law theories. The choice of law rule. Its structure and function. The connecting factor. Lois de police. 8. Methodological problems and escape devices Characterization. Renvoir. Public policy. References to non-unified legal systems. Evidence of foreign law.

4. MODULE IV CONTRACTS AND TORTS 9. Contracts Rome I Regulation (Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations) 10. Torts Rome II Regulation (Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations)

5. MODULE V FAMILY LAW 11. Marriage and matrimonial crises Jurisdiction and applicable Law. Regulation 2016/1103 (jurisdiction, applicable law and recognition and enforcement on Matrimonial Property Regimes Regulation) and Regulation 2016/1104 (jurisdiction, applicable law and recognition and enforcement on property consequences of registered partnerships) Brussels IIbis Regulation, No. 2201/2003 (jurisdiction, recognition and enforcement divorce and parental responsibility). Rome III Regulation, No. 1259/2010 (applicable law divorce; enhanced cooperation). 12. Parental responsibility. Jurisdiction and applicable law. Brussels II bis Regulation. The Hague Convention 1996 for the protection of children.

Teaching-learning methodology:
Each thematic section will be taught using lecture classes, participatory classes and complementary self-evaluated exercises, as well as the completion of case studies done outside of class hours.

These activities will be undertaken in small groups under the guidance of an assigned faculty member. The latter will also announce the set assignments on the course webpage and whether or not they have to be completed in class or outside of class hours.

Learning modalities:
1. Lecture classes in which the course content will be explained.
2. Practical classroom activities in which assignments will be completed in conjunction with discussions on the arguments explaining the solutions.

ASSESSMENT BREAKDOWN

General

Geert van Calster, European Private International Law, 2nd ed., 2016.

Bodgan, M., Concise Introduction to EU Private International Law


Jurisdiction

Briggs, Civil Jurisdiction and Judgments, 6th ed., 2015

Briggs, Agreements on Jurisdiction and Choice of Law, 2008

Dickinson & Lein (eds), The Brussels I Regulation Recast, 2015

Magnus/Mankowski, Brussels Ibis Regulation, 2016.

Magnus/Mankowski, Brussels IIbis Regulation, 2012.


Applicable law

McParland, The Rome I Regulation, 2015

Ferrari, Rome I Regulation, 2009.

Huber, Rome II Regulation 2011

Magnus/Mankowski, Rome I, 2016.

Magnus/Mankowski, Rome II, 2015.


Further readings will be publish in the course website

Online resources

Boletín Oficial del Estado (Official State gazette): http://www.boe.es

International Chambre of Commerce (ICC): http://www.iccwbo.org

International Centre for Settlement of Investment Disputes: http://www.worldbank.org/icsid/

Commission on European Contract Law: http://frontpage.cbs.dk/law/commission_on_european_contract_law

International Commission on Civil Status (ICCS): http://www.ciec1.org

Hague Conference on Private International Law: http://www.hcch.net

Conferencia Interamericana especializada en Derecho internacional privado (CIDIP, Interamerican specialised conference in international private law): http://www.oas.org

Council of Europe: http://www.coe.int

Consejo General del Poder Judicial, General Council for Judicial Authority: http://www.poderjudicial.es

European Group for Private International Law (GEDIP): http://www.gedip-egpil.eu/

International Law Institute: http://www.idi-iil.org

MERCOSUR: http://www.mercosur.int

Ministry for Foreign Affairs and International Cooperation: http://www.maec.es

Ministry of Justice: http://www.mju.es

Ministry for Labour and Social Affairs: http://www.mtas.es

United Nations: http://www.un.org

World Trade Organisation (WTO): http://www.wto.org

World Intellectual Property Organization (WIPO): http://www.ompi.org

United Nations Industrial Development Organization (ONUDI): http://www.unido.org

Constitutional Court: http://www.tribunalconstitucional.es

European Court of Human Rights: http://echr.coe.int

Court of Justice of the European Union: http://curia.europa.eu

United Nations Commission on International Trade Law (UNCITRAL): http://www.uncitral.org

International Institute for the Unification of Private Law (UNIDROIT): http://www.unidroit.org

European Union: http://europa.eu

Group	Teacher	Department
	Beatriz Añoveros Terradas	Derecho

Group	Teacher	Department
Sec: A	Beatriz Añoveros Terradas	Derecho

Group	Teacher	Department
Sec: B	Beatriz Añoveros Terradas	Derecho