European Private International Law in a Global Context

Vakbeschrijving European Private International Law in a Global Context
Collegejaar: 2009-2010
Studiegidsnummer: B9226
Docent(en): Ms. Prof. Dr. Veerle Van Den Eeckhout
Voertaal: Engels
Blackboard: Onbekend
EC: 5.0
Niveau: 300
Periode:
  • Wel Keuzevak
  • Wel Contractonderwijs
  • Wel Exchange
  • Wel Study Abroad
  • Geen Avondonderwijs
  • Geen A-la-Carte en Aanschuifonderwijs

Coordinator
Name: Ms. Prof. Dr. Veerle Van Den Eeckhout
Work address: KOG, room C2.12
Telephone: +31 (0)71 527 7430
Contact information: by appointment
Email: v.vandeneeckhout@law.leidenuniv.nl

Department: Civil Law
Division: Private International Law
Address secretariat: Ms. Inge Gonzalez, Steenschuur 25, room B2.41
Telephone secretariat: +31 (0)71 527 7421
Opening hours: Monday to Thursday 9:30-12:30 (closed on Fridays)
Email: i.m.gonzalez@law.leidenuniv.nl

Description
In disputes about international employment contracts, disputes about international traffic accidents, international divorces, etcetera, the rules of Private International Law (PIL) play an important role.

PIL is in essence national law written for international situations: The circumstance that situations have a relevant connection with more than one legal system adds an international dimension to the legal process, which may be found on three levels. Rules of PIL include (1) rules of jurisdiction (in order to prescribe the conditions under which a national court (e.g. a Dutch court/a French court/- ) is competent); (2) rules of applicable law (in order to determine for each class of cases the particular system of law (e.g. Dutch law/French law/-) by reference to which the rights of the parties must be ascertained); and (3) recognition and enforcement (in order to specify the circumstances in which a foreign judgment can be recognised and enforced).

Sources of PIL can be found at both an international and a national level: There are several international institutions which attempt to codify and modify rules of PIL through supranational regimes.

The course focuses on the PIL-regimes which have been developed by the EC institutions, in the form of conventions, regulations, directives and case law. In fact, in order to create an area of freedom, security and justice in civil matters, the European Union employs a considerable number of legal instruments dealing with issues of jurisdiction, applicable law and recognition and enforcement.

The course examines rules of PIL in some specific areas, such as international sales contracts, international employment contracts, international tort law, international company law, international divorces, international law regarding names.

Some of the underlying themes presented during the course are: do we need different rules of PIL for European and non-European cases? Should the EU aim for ‘full faith and credit’ of decisions between the Member States?

The purpose of the course is to make students aware of the problems PIL deals with, to provide methods and rules to solve some of the issues in the field of PIL, and to enable students to evaluate European PIL in a context of globalization.

Methods of instruction
Seminars: – Number of seminars: One 2-hour seminar per week for a duration of 10 weeks – Lecturer: Ms. Prof. Dr. Veerle Van Den Eeckhout – Required preparation by students: Will be indicated in the Reader and announced during the classes

Course materials – Reader, available at Onderwijsmaterialen (KOG, room A.045) – Recommended literature: Indicated in the Reader and announced during the lectures

Examination
Examination forms: – Written examination. The questions are written in English; answers can be written in either English, French or Dutch.

Areas to be tested within the exam: – Indicated in Reader plus additional material made available at the lectures

Course requirements
Basic knowledge of civil law

Time table
See: http://www.leidenuniv.nl/rechten/osi/wg/

Application
Via u-twist

Blackboard
Yes

Remarks
10 ECTS when writing additional paper

Contractonderwijs
Belangstellenden die deze cursus in het kader van Contractonderwijs willen volgen (met tentamen), vinden hier meer informatie over kosten, inschrijving, voorwaarden, etc.

Talen