Study-Unit Description

Study-Unit Description


TITLE Private International Law

LEVEL 04 - Years 4, 5 in Modular UG or PG Cert Course



DESCRIPTION This study-unit builds on the study unit PBL3010 and will examine: (i) the detailed rules of jurisdiction defining the jurisdiction of the Maltese Courts under the applicable legal instruments; (ii) the detailed rules governing the applicable law in cases having a foreign element under the applicable legal instruments; and (iii) the detailed rules governing the recognition and enforcement of foreign judgments in Malta under the applicable legal instruments. Emphasis will be put on the Law of Obligations in private international law including both contractual and non-contractual obligations; the Law of Property and Succession in Private International Law in so far as the distinction between movables and immovables is concerned, together with the basic rules concerning matters of succession; and the Law of Persons in private international law with particular reference to marriage, matrimonial causes, separation, divorce, legitimation, adoption and other related matters. The study-unit will also elicit further discussion on horizontal issues in private international law, in particular the notions of classification, the distinction between substantive and procedural rules, the role of public policy, and the exclusion of foreign law.

Study-unit Aims:

The aim of this study-unit is to study Private International Law at an advanced level. It builds upon the general notions of Private International Law taught in PBL3010.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to have a clear understanding of the specific rules to determine, in cases having a foreign element:
(a) whether jurisdiction vests in the Maltese Courts;
(b) the applicable law governing particular factual situations concerning the law of persons, property and obligations; and
(c) whether a foreign judgment will be recognised and enforced in Malta.

2. Skills:

By the end of the study-unit the student will be able to:
(a) apply private international law principles to the following areas of the law of persons: marriage, matrimonial causes, divorce, separation, legitimation, adoption and related matters;
(b) apply private international law principles to the following areas of the law of property: moveable and immovables, and succession, both testate and intestate;
(c) apply private international law principles to the following areas of the law of obligations: contracts, quasi-contracts, torts and quasi-torts.

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.

ADDITIONAL NOTES Pre-requisite Study-unit: PBL3010

STUDY-UNIT TYPE Lecture and Tutorial

Assessment Component/s Assessment Due Resit Availability Weighting
Examination (3 Hours) SEM2 Yes 100%

LECTURER/S Paul Cachia
Ian Refalo
Alex Sceberras Trigona

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.