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Lecturer(s)
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Ryšavý Lukáš, JUDr. Mgr. Ph.D.
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Bureš Pavel, JUDr. Ph.D.
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Course content
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Content (themes): 1. Private international law and European private international law (introduction, concept, sources, delimitation to international civil procedural law) 2. International private law (qualification, special approaches and questions, persons) 3. Marriage (introduction, conditions for marriage, obstacles to marriage, effectiveness) 4. Same-sex marriages, registered civil partnerships and other partnerships (concept, introduction, scope) 5. International jurisdiction in family matters (status matters, annex jurisdiction and foreign pending) 6. Divorce (domestic divorce, foreign matrimonial decisions, private divorce, dissolution of a registered civil partnership, consequences of divorce) 7. Betrothal, unmarried partnership (international jurisdiction, conflict of laws) 8. Property law (introduction, concept, jurisdiction according to the regulations of matters matrimonial property regimes and matters of the property consequences of registered partnerships) 9. Property law (applicable law according to the regulations and role of the national private international law) 10. Parent-child relationships (family, parentage, adoption) 11. Parent-child relationships (parental responsibility, international child abduction) 12. Maintenance (international jurisdiction, conflict of laws, recognition and enforcement of foreign titles) 13. Selected national legal systems and international family law
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Learning activities and teaching methods
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Dialogic Lecture (Discussion, Dialog, Brainstorming), Work with Text (with Book, Textbook), Activating (Simulations, Games, Dramatization)
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Learning outcomes
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During the semester, students should become acquainted with the basics of (European) international private law in the field of family law and acquire the basic theoretical knowledge and professional language terminology in this area. The course is focused both on the issue of procedural law, regulating the procedures and relations between courts and other bodies and parties, possibly other persons, as well as on the area of conflict of laws, which aims to determine the law applicable to various areas of cross-border family law. The focus is on EU regulations relating to family relations (Brussels Regulations, Rome Regulations, Property Regulations) and national regulations of selected countries, with reference to possible different approaches to individual issues of family law.
Students will learn how to think/work and how to deal with cross-border obligations cases.
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Prerequisites
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The completion of this course is not conditioned upon completion of any other courses.
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Assessment methods and criteria
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Mark
To obtain an exam it is necessary to attend the seminars to the extent set by the supervisor, to participate actively and to fulfill the duties set by the teacher for the given seminar.
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Recommended literature
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Jeweils in der aktuellen Bearbeitung/Fassung.
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ANDRAE. Internationales Familienrecht.
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Brödermann,Rosengarten. (2012). Internationales Privat- und Zivilverfahrensrecht (IPR/IZVR), Vahlen; Auflage: 6., überarbeitete.
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GITSCHTHALER. Internationales Familienrecht.
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HAUSMANN. Internationales und Europäisches Familienrecht.
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Rauscher, T. (2006). Europäisches Zivilprozeßrecht Kommentar. Band I.,II. München: Sellier.
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Rauscher, T. (2012). Internationales Privatrecht,Auflage: 4., neu bearbeitete Auflage. C.F. Müller.
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WALTER. Internationales Familienrecht.
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