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| DROI2336-1

 | Comparative Private International Law

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| Duration : | 30h Th | |
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| Holder(s) : | Patrick Wautelet | |
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| Course contents :
| The course will be devoted to the study of spousal relationships in an international context, in particular the study of the breakdown between spouses. This overall theme will be used to illustrate 1) the richness of comparative law in the field, 2) the various issues raised by rules of jurisdiction (with particular attention given to the Brussels IIbis Regulation), 3) the complexity of choice of law rules when addressing bi-national marriages (with a focus on the rules of the Belgian Code of Private International Law) and 4) finally, the effects of foreign judgments (with a particular attention given to the issue of repudiation).
These issues will be studied against the background of an ever developing European private international law. In practice, the Brussels II bis Regulation will be closely scrutinized. Attention will also be devoted to the developments of case law and statutory law in other European countries, with a view to determine whether it is possible to develop uniform rules of conflict of laws on the issue of divorce (so-called Rome III projet). | |
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| Course objective :
| The aim of the course is to study in details the main questions of private international law in the light of a growing body of rules and case law in the field of international divorce. The study of this field will also be used to reflect upon the difficulties in working with various legal systems based on different values. | |
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| Prerequisites :
| The course is meant as a follow up to the general course on private international law. Hence, it is strongly recommended that students wishing to attend the lectures should have had a solid background in private international law. | |
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| Written notes :
| students will be given a provisional handout, which is a work in progress, with various texts on the questions studied. | |
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| Assessment :
| Students will be evaluated during a 20-min interview with the instructor. The interview will be conducted in French. Students will be given a short case to solve, and 30 min. to prepare their examination with the help of their notes or any textbooks. | |
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| Contacts :
| Questions and queries may be addressed to : patrick.wautelet@ulg.ac.be | |
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