Private International Law

6 ECTS credits
150 h study time

Offer 2 with catalog number 4022221DER for all students in the 2nd semester at a (D) Master - preliminary level.

Semester

2nd semester

Enrollment based on exam contract

Possible

Grading method

Grading (scale from 0 to 20)

Can retake in second session

Yes

Enrollment Requirements

De student die dit opleidingsonderdeel opnemen is reeds geslaagd op 'gerechtelijk recht'.

Taught in

Dutch

Faculty

Faculty of Law and Criminology

Department

Private Law

Educational team

Karolien Emmerechts
Jachin Van Doninck (course titular)
Matthias Van Der Haegen
Janek Tomasz Nowak

Activities and contact hours

39 contact hours Lecture
110 contact hours Seminar, Exercises or Practicals

Course Content

The course unit aims to familiarize the student with the concepts of private international law and to teach him techniques for solving private international law cases from daily legal practice.

During the general part the following topics are dealt with successively:
1. Introduction to IPR, with an interpretation of the sources of law and their hierarchy
2. International jurisdiction
3. Applicable law
4. Recognition and enforceability
5. Aspects of cross-border procedural law

During the special part, the various sub-domains of IPR (person and property) are explored in greater depth on the basis of international jurisdiction, applicable law and recognition/enforceability.

Course material

Digital course material (Required) : Bronnenbundel, Eigen uitgave

Additional info

The IPR lectures are given by means of PowerPoint presentations, which delineate the lecture contents. In support and as a written record, use is made of the handbook "Internationaal Privaatrecht. De essentie" by Kruger et al., published by die Keure (most recent edition). Use of the sources of law that are discussed during the lectures is indispensable for a good understanding of this branch of law. They are offered electronically in the form of a collection on Canvas but the use of alternative sources such as "Basic Sources of Private International Law" by Verhellen, published by Wolters Kluwer, is also permitted.

Through self-assessment (exercises on Canvas) and non-compulsory work lectures, students are taught to determine international jurisdiction and applicable law using cases.

Learning Outcomes

General competencies

Knowing and being able to apply the IPR is the overall objective of this course unit. Thus, the legal education of the student is completed with an international component, namely the solution of private law issues with a cross-border dimension.

The student must be able to solve cases with a cross-border dimension, whether it is a question of international jurisdiction, applicable law, recognition or enforceability or a combination of these questions, by using the appropriate legal sources and by using the appropriate IPR method.

The student should also be able to reflect critically on the solutions reached by the IPR method used and on their desirability.

Grading

The final grade is composed based on the following categories:
Written Exam determines 100% of the final mark.

Within the Written Exam category, the following assignments need to be completed:

Examen Schriftelijk with a relative weight of 1 which comprises 100% of the final mark.

Additional info regarding evaluation

The exam will be written. It includes both multiple choice and open questions. These questions assess both theoretical knowledge of IPR doctrines and mastery of the IPR method through cases on international jurisdiction, applicable law, recognition and enforceability or a combination thereof.

Use of the legal sources as studied during the course is allowed during the exam, albeit without any references being added.

Allowed unsatisfactory mark

The supplementary Teaching and Examination Regulations of your faculty stipulate whether an allowed unsatisfactory mark for this programme unit is permitted.

Academic context