Private International Law (2225.YR.007761.1)

General information

Type:	OPT	Curs:	1	Period:	S semester
ECTS Credits:	6 ECTS

Teaching Staff:

Group	Teacher	Department	Language
Year 1	Verona Tio Perez-Albert	Derecho	ENG

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 of foreign judgments. The solutions 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, and to resolve 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 for private international relationships which coexist under the Spanish system of Private International Law: national, European and International.

- Understanding the European rules of international jurisdiction and recognition and enforcement of judgments in civil and commercial matters of Regulation (EU) No 1215/2012 of 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 (recast), or "Brussels I bis Regulation?.

- Identifying and understanding the different types of rules and legislative techniques applied by European judges to determine the law applicable to contractual, consumption and non-contractual obligations and contained in the following instruments: Rome I Regulation, No. 593/2008 (applicable law to contractual obligations) and Rome II Regulation, No. 864/2007 (applicable law to non-contractual obligations).

- Knowing the relationship between the rules of the different sectors covered by EPIL (and by Private International Law, in general): jurisdiction, applicable law and recognition and enforcement of foreign judgments.

-Understanding the European Court of Justice rulings, interpreting the above mentioned regulations and their impact on the European (i.e. national) judges.

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 sectors: 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 bis Regulation (Regulation No. 1215/2012 of 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 court agreements. Entering an appearance. Jurisdiction over business to business contracts. Special jurisdiction in matters relating to a contract and in 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 Member States. Lis abili pendens between a Member State and a third State. Related actions. 6. The recognition and enforcement of foreign judgments. Recognition and enforcement under Brussels I bis Regulation. Principles. Recognition and enforcement. Giving effect to a foreign judgement: res iudicata, enforceability effect and enter into a Public Registry. Exequatur. The various schemes and mechanisms for the recognition and enforcement of foreign judgments. Recognition and enforcement under Brussels I bis Regulation, the Lugano Convention of 2007 and the Ley de Cooperación Jurídica Internacional en Materia Civil.

3. MODULE III: APPLICABLE LAW 7. General ideas. Introduction to choice of law. Why apply foreign law? Traditional choice of law theories. The conflict 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).

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.

The participatory classes 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

Calvo Caravaca, A.L., Carrascosa González, J., European Private International Law, Comares. 2022.

Bodgan, M., Pertegás, M., Concise Introduction to EU Private International Law, 4th edition 2019.

van Calster, G., European Private International Law. Commercial Litigation in the EU, 3rd ed., 2021.

Jurisdiction and Recognition and Enforcement

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 I bis Regulation, 2016.

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 published in the course website.

Online resources

Court of Justice of the European Union: https://curia.europa.eu/jcms/jcms/j_6/en/

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

European Association of Private International Law: https://eapil.org/

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

European Justice Portal: https://e justice.europa.eu/home.do?action=home&plang=en&init=true

European Legislation Identifier (EUR-Lex): https://eur-lex.europa.eu/eli-register/about.html?locale=en

International Law Institute: https://www.idi-iil.org/fr/

United Nations Commission on International Trade Law (UNCITRAL): https://uncitral.un.org/

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

Blogs in Private International Law

Conflictus Legum. Derecho Internacional Privado Español: Legislación, jurisprudencia, doctrina y más: http://conflictuslegum.blogspot.com/

Conflict of Laws.Net. Views and News in Private International Law: https://conflictoflaws.net/

European Association of Private International Law Blog: https://eapil.org/blog/

Group	Teacher	Department
Year 1	Verona Tio Perez-Albert	Derecho