| CODE | PBL5014 | ||||||
| TITLE | Private International Law | ||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||
| MQF LEVEL | Not Applicable | ||||||
| ECTS CREDITS | 12 | ||||||
| DEPARTMENT | Public Law | ||||||
| DESCRIPTION | Private International Law (1st semester) This study-unit introduces the students to the topic of Private International Law. The syllabus covered is as follows: General Notions of Private International Law • Definition, Nature and Scope of Private International Law • Unification processes in substantive Private International Law • The problem of classification • The doctrine of Renvoi • The incidental question • Distinction between substantive and procedural rules • Proof of foreign law • Exclusion of foreign law and the role of public policy • The concepts of domicil residence and nationality Jurisdiction of courts and arbitral tribunals • The jurisdiction of the Maltese Courts in civil and commercial matters under Council Regulation 44/2001 (Brussels I Regulation) - Developments following the 1968 Brussels Convention - The sphere of application of the Regulation - The general rule of jurisdiction - The special rules of jurisdiction under Artciles 5 & 6 - The special rules of jurisdiction: protection of weaker parties - Choice of court / jurisdiction agreements - Submission to jurisdiction - Exclusive jurisdiction - Proposed amendments to the Regulation on jurisdiction • The Lugano Convention and the proposed new convention • The jurisdiction of the Maltese Courts under Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility • COUNCIL REGULATION (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations • The jurisdiction of the Maltese Courts under the COCP - Chapter 12 of the Laws of Malta - sphere of application of these rules - the rules of jurisdiction under section 742 • Jurisdiction in favour of arbitration tribunals Recognition and Enforcement of foreign judgments • The distinction between recognition and enforcement • The recognition & enforcement of foreign judgements in Malta under Council Regulation 44/2001 - sphere of application - defences to recognition - mode of procedure - Proposed amendments to the Regulation on enforcement • The recognition & enforcement of foreign judgements in Malta under Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility • Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims • The recognition & enforcement of foreign judgements in Malta under the COCP - Chapter 12 of the Laws of Malta - sphere of application - defences to recognition - mode of procedure • Arbitral Awards Private International Law (2nd Semester) The Law of Persons in Private International Law • Marriage The meaning of marriage; Formalities of marriage; Capacity to marry; Recognition of polygamous and other unions styled as marriage. • Matrimonial Causes The law governing personal separation, divorce, nullity proceedings; maintenance and other related proceedings; The recognition of foreign judgments in relation to such proceedings; the problem of extra judicial divorces. • Legitimation and Adoption Declarations of paternity and legitimate status; The law governing actions of filiation; custody of minous and problems related to guardianship and child abduction; Adoption, and recognition of foreign adoptions. The Law of Property in Private International Law Distinction between movables and immovables; The law governing movables; the transfer of tangable movables; The assignment of intangibles; administration of estates; succession; both testate and intestate; matrimonial property; Trusts: The Hague Convention on the Law Applicable thereto and their Recognition The Law of Obligations in Private International Law • The law governing contractual obligations - Council Regulation 593/2008 (EC) of the Parliament and Council of 17 June 2008 (the Rome I Regulation) - developments following the 1980 Rome Convention - scope and application - freedom of choice - applicable law in the absence of choice - rules for the protection of weaker parties - consent, incapacity, material and formal validity - overriding mandatory provisions & public policy - assignment and subrogation - scope of the applicable law • The law governing non-contractual obligations - Council Regulation 864/2007 (EC) of the Parliament and Council of 11 July 2007 (the Rome II Regulation) - the position prior to the Regulation - scope and application of the Regulation - torts & delicts - unfair competition - product liabilty - infringement of intellectual property rights - unjustified enrichment, negotiorum gestio - culpa in contrahendo - overriding mandatory provisions & public policy - scope of the applicable law Learning Outcomes: On successful completion of this study-unit students will be able to: 1. Demonstrate an understanding of the main principles of Private International Law 2. Apply to a given case the doctrine of renvoi within a private international law context 3. Distinguish between substantive and procedural rules 4. Explain and distinguish between the various types of domicile and residence and nationality within the law of persons 5. Establish the impact which EU Law has on private international law rules 6. Critically analyse the procedures for determining the most appropriate forum or jurisdiction in international disputes 7. Explain the procedure to proof foreign law, solve the problem of classification and be able to identify the incidental question within a private international law case 8. Analyse the effects of enforcement of judgements rendered by EU and non-EU foreign courts 9. Communicate effectively in context by demonstrating the ability to explain and apply basic conflict of laws principles 10. Apply Private International Law principles to the following areas of the law of persons: - marriage - matrimonial causes - legitimation and adoption 11. Apply Private International Law principles to the following areas of the law of property: - moveable and immovables - succession, both testate and intestate - trusts - obligations: contracts, quasi-contracts, torts and quasi-torts 12. Have a clear understanding of which specific rules will a Court apply to any of the topics mentioned in paragraphs (1) and (2) above concerning: - the choice of law in contract - the choice of law in tort. Reading List: Dicey, Morris and Collins on The Conflict Of Laws, London: Sweet & Maxwell, 14th Revised Edition, 2008 G. C. Cheshire, P. M. North and J.J. Fawcett, Private International Law, Oxford: Oxford University Press, 14th Edition, 2008 Peter Stone, EU Private International Law Harmonisation of Laws, Cheltenham: Edward Elgar Publishing Limited, 2006 A. Briggs & P. Rees, Civil Jurisdiction and Judgments, 5th Edition, 2009 A. Briggs, The Conflict of Laws, Oxford University Press, 2nd Edition, 2008 |
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| STUDY-UNIT TYPE | Lecture and Tutorial | ||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Paul Cachia Frank Chetcuti Dimech Ian Refalo Alex Sceberras Trigona |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years. |
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