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Lecturer(s)
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Hrnčiříková Miluše, JUDr. Ph.D.
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Bureš Pavel, JUDr. Ph.D.
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Course content
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Lectures: 1. International character of private law, foreign element and overview of the history of PIL 2. International jurisdiction of national courts in civil and commercial matters, forum shopping , interaction between procedure and governing law (Overview of the legal, institutional, and regulatory framework of PIL) 3. Conflict of laws rules and unification of PIL (structure of the conflict of laws rules, types of rules, connecting factor, classification, renvoi) 4. Public policy, mandatory rules and incidental questions 5. Personal status of natural and legal persons and international jurisdiction (national and international regulation) 6. International jurisdiction of national courts in civil and commercial matters with foreign element (national regulation, Brussels Ibis regulation) 7. Conflict of laws rules on the law applicable to contractual obligations (Rome I Regulation) 8. Conflict of laws rules on the law applicable to in rem rights and non-contractual obligations (national regulation, Rome II regulation) 9. International jurisdiction of state courts in family matters (national regulation, Brussels IIbis Regulation and Regulation no. 4/2009) 10. Conflict of laws rules on matrimonial and other family matters 11. International jurisdiction of state courts and conflict of laws rules concerning succession with foreign element 12. Recognition and enforcement of judgments in civil and commercial matters (Brussels I, Brussels IIa, regulation no. 4/2009, European enforcement order) 13. Recognition and enforcement of judgments in civil and commercial matters (national and international regulation) Seminars: 1. Civil disputes with foreign element - specific legal issues 2. Conflict of legal sources in private international law 3. Conflict of laws rules - structure and connecting factor 4. Public order and mandatory provisions - relevant case law 5. Recognition of personal status (legal and natural persons) 6. ECJ case law on Brussels I Regulation 7. Sales contracts with foreign element (CISG) 8. Consumer contracts with foreign element (case law of ECJ) 9. Remedy and torts in PIL 10. Marriage dissolution with foreign element 11. Succession in PIL 12. Lis pendence and res iudicatae in PIL 13. Insolvency proceedings
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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The course on private international law focuses on the main legal questions concerning the relationships with foreign elements, i.e. Which national court has jurisdiction to decide the case with a foreign element? What is the applicable law to the relevant case with a foreign element? Under what conditions is the judgement recognized and enforceable abroad? The course further introduces the elementary doctrines of private international law and legal development of the regulations on national, international and European level.
Students will learn the elementary doctrines of private international law and legal development of the regulations on national, international and European level.
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Prerequisites
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Completion of this course is not conditional upon completion of some other courses.
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Assessment methods and criteria
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Mark
The emphasis is placed on active participation of students. Students are obliged to read relevant parts of chosen obligatory literature as preparation for each lesson of the course and prepare individual presentation. Tutor reserves her right to submit additional tasks during semester, especially analyses of relevant case-law. Participation in the course is obligatory, only two absences, which need not be reasoned, are allowed. The course is concluded by written exam consisting of open questions and case analyses.
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Recommended literature
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Bariatti, S. (2011). Cases and Materials on EU Private International Law. Oxford: Hart Publishing.
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Bogdan, M. (2012). Concise Introduction to EU Private International Law. 2nd edition. Amsterdam: Europa Law Publishing.
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Fawcett, J., Carruthers, J. M. Cheshire. (2008). North & Fawcett: Private International Law. 14th edition. NY: Oxford University Press.
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Pauknerová, M. (2011). Private International Law in the Czech Republic. Alphen aan den Rijn: Kluwer Law International.
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Rogerson, P. (2013). Conflict of Laws. 4th edition. NY: Cambridge University Press.
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Štefánková, N. (2011). Introduction to Private International Law. Plzeň: Vydavatelství a nakladatelství Aleš Čeněk.
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Van Calster, G. (2013). European Private International Law. Oxford: Hart Publishing.
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