| CODE | ECL5108 | ||||||||
| TITLE | European Business Private International Law | ||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
| MQF LEVEL | 7 | ||||||||
| ECTS CREDITS | 5 | ||||||||
| DEPARTMENT | European and Comparative Law | ||||||||
| DESCRIPTION | The private international law of the Member States is increasingly regulated by the EU, making private international law ever less 'national' and even more EU based. Consequently, EU law in this area has penetrated national law to a very high degree, making it an essential area of study and an area of increasing importance to practicing lawyers in the EU. After an introduction to the applicable legal basis, this advanced study-unit focuses on the rules of the European Union regulating international jurisdiction of national courts in civil and commercial matters and recognition and enforcement of such judgments (the Brussels Regulations I & II and the Lugano Convention). It also deals with the legal instruments that complement the Brussels regime. The main focus is on how it affects business transactions in the EU. Furthermore, the study-unit deals with the European rules determining the law applicable to international contracts (the Rome Regulations I & II and some other instruments). Then the study-unit also deals with the other legal instruments dealing with European Civil Procedure and concludes with examining how Private International law is evolving in the EU. Study-Unit Aims: The aim is to make the students prepared to tackle problems in private international law from a comparative perspective. It will also increase the awareness of conflict of laws issues at the EU level and also equip them with knowledge relating to European civil law procedure. The unit is highly relevant to those who want to work in litigation, as well as legal advisers in the public and private sectors where the knowledge of cross-border issues would be necessary. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: • Develop a deeper understanding and knowledge of the conflict of law rules relating to the Brussels and Rome Regimes; • Identify doctrinal and practical trends in legal practice and relevant EU case-law and their impact on legal developments; • Develop advanced legal research skills in the field; • Develop skills to read beyond legal doctrine and to evaluate the relevance and importance of other disciplines for their own legal analysis; • Evaluate the ongoing developments in European Private Law; • Understand the use of comparative law to eliminate lacunae in a legal system; • Understand different legal families. 2. Skills: By the end of the study-unit the student will be able to: • Navigate through the private laws of the Member States and to understand the ongoing developments at the EU level; • Handle cross-border litigation in the EU2; • Solve legal issues involving several jurisdictions; • Make use of the comparative law approach when dealing with national and other Member States' law. Main Text/s and any supplementary readings: Main Texts: - Van Calster G. European Private International Law, 3d ed., Hart, 2021. - Briggs A. The Conflict of Laws, 4th ed., Clarendon Press, 2019. - Torremans P., Grušić U., Heinze C., Merrett L., García-Castrillón C.O., Tang Z.S., Trimmings K., and Walker L. (eds.). Cheshire, North & Fawcett:Private International Law, 15th ed., OUP, 2017. Supplementary texts - Caenegem R.C. van, European Law in the Past and the Future: Unity and Diversity Over Two Millennia, CUP, 2002. - Boele-Woelki K. (ed.), Perspectives for the Unification and Harmonisation of Family Law in Europe, Intersentia 2003. - Storskrubb E. Civil Procedure and EU Law: A Policy Area Uncovered OUP, 2008. - European Private Law Review, Kluwer, various issues - online resources. - Cafaggi F. and Watt M.(eds.). Making European Private Law: Governance Design, EE Publishing, 2008. - Collins H. The European Civil Code:The Way Forward, CUP, 2008. - Bar C. von and Clive E.(eds.). Principles, Definitions and Model Rules of European Private Law: Draft Common Frame of Reference (DCFR), 6 vols., OUP, 2010. - Micklitz H.-W. and Caffagi F. (eds.). European Private Law After the Common Frame of Reference, EE Publishing, 2010. |
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| STUDY-UNIT TYPE | Lecture and Independent Study | ||||||||
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| LECTURER/S | Antoine Cremona Oleksandr Pastukhov Ivan Sammut |
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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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