Study-Unit Description

Study-Unit Description


CODE PBL3010

 
TITLE Introduction to Private International Law

 
LEVEL 03 - Years 2, 3, 4 in Modular Undergraduate Course

 
ECTS CREDITS 4

 
DEPARTMENT Public Law

 
DESCRIPTION This study-unit introduces the student to the general notions of private international law. It discusses the defintion, nature and scope of private international law, the sources and applicable instruments of Maltese private international law, and unification processes in private international law, including developments at European level. It also addresses basic horizontal notions of private international law such as the problem of classification, the doctrine of renvoi, the incidental question, the distinction between substantive and procedural rules, the role of public policy, the exclusion of foreign law, the status and proof of foreign law, the concepts of domicile, residence and nationality and the notion of connecting factors in private international law. The study-unit also introduces the student to the central concepts of jurisdiction, applicable law and recognition and enforcement of foreign judgments and the relative legal instruments but will not deal with the detailed rules contained in these instruments, as these will be covered in study-unit PBL3014.

Study-unit Aims:

The aim of this study-unit is to introduce the student to the general notions in Private International Law. This study-unit is not intended as an advanced study-unit but only as an introductory one.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
(a) the scope, nature and main principles of private international law, and the sources of Maltese private international law, including developments at European level;
(b) basic horizontal notions and problems of private international law such as the problem of classification, the doctrine of renvoi, the incidental question, the distinction between substantive and procedural rules, the role of public policy, the exclusion of foreign law, the status and proof of foreign law;
(c) the concepts of domicile, residence and nationality and the notion of connecting factors in private international law;
(d) the meaning of the concepts of jurisdiction, applicable / governing law and recognition and enforcement of foreign judgments and the sphere of application of the relative legal instruments;
(e) the status of and procedure to prove foreign law.

2. Skills:

By the end of the study-unit the student will be able to:
(a) communicate effectively in context by demonstrating the ability to explain and apply basic conflict of laws principles;
(b) identify the issues in particular factual scenarios which require a solution by applying private international law rules; and
(c) suggest solutions, by apply basic conflict of law principles, to particular factual scenarios.

Main Text/s and any supplementary readings:

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.

 
STUDY-UNIT TYPE Lecture and Tutorial

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Resit Availability Weighting
Examination (2 Hours) SEM2 Yes 100%

 
LECTURER/S

 
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 2020/1. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit