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| DROI2336-1 | Private international law : special questions
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| Duration : | 30h Th |
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| Number of credits : |
| Master in Law, Professional Focus in Business Law, 1st year | | 6 |
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| Master in Law, Professional Focus in Public and Administrative Law, 1st year | | 6 |
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| Master in Law, Professional Focus in Private Law, 1st year | | 6 |
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| Master in Law, Professional Focus in Private Law, 2nd year | | 6 |
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| Master in Law, Professional Focus in Interuniversity Mobility, 1st year | | 6 |
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| Master in Law, Professional focus in Criminal Law, 1st year | | 6 |
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| Master in Law, Professional Focus in Labour Law, 1st year | | 6 |
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| Lecturer : | Patrick Wautelet |
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Language(s) of instruction :
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| French language |
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Organisation and examination :
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| Teaching in the second semester |
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Course contents :
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| The course is held every two years (2015-2016, 2017-2018...).
This course is meant as an addition to the general course on private international law. Students will be given the possibility to deepen their knowlegde of the rules and principles of private international law, based on the study of difficulties arising in cross-border family relationships.
The course will either focus on relationships between partners (marriage, divorce, partnerships) or parent-children relationships (including child abduction and adoption), depending on the current state of the law
These questions will be studied using first the applicable European instruments (and in particular Regulation 2201/2003 on divorce and parental responsibility). International conventions, such as the Hague Convention on Child Abduction will also be studied. Finally, attention will be paid to the rules applicable in the Belgian context, and in particular the Code of Private International Law. Occasionally the lecturer will also make reference to solutions adopted in foreign jurisdictions, both for issues of substance as for issues of private international law.
The class will be taught lecture style, with general presentations of the solutions adopted in Belgian and international law, including European rules. The focus will be very much on recent decisions of courts. The students will be invited to participate actively in the discussion, in particular by solving cases which will be handed out beforehand. |
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Learning outcomes of the course :
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| The course is meant to give students a deeper understanding of the main concepts and issues of private international law, using real life examples drawn from problematic cross-border family situations.
The course is also meant to give students the possibility to reflect on the difficulties arising from the existence of different national legal orders, embodying different values. |
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Prerequisites and co-requisites/ Recommended optional programme components :
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| It is imperative that students who wish to enroll, have at least a minimum knowledge of the basic mechanisms and rules of private international law (when does a court have jurisdiction to hear a cross-border dispute, what law should apply to a transnational relationship and what effects can be given to foreign judgments).
A good knowlegde of the French language is also required. |
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Planned learning activities and teaching methods :
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Mode of delivery (face-to-face ; distance-learning) :
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| The course will be taught in lecture style, in French. Students will, however, be invited to prepare the lectures and read the cases assigned for the next lecture. Preparation is strongly recommended, especially if the student's command of the French language is limited. |
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Recommended or required readings :
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| Students will receive a detailed handout for each class meeting, with indications on the main rules studied and a discussion of the main difficulties. Students will also have the possibility to obtain a reader with materials such as court decisions and the main regulations studied. |
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Assessment methods and criteria :
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| Students will be required to take part in a written exam. They will be asked to solve a practical case, which they will be able to prepare before presenting their answer to the lecturer.
Students can also opt to write an essay on a topic to be discussed with the instructor. The essay will count as final evaluation. The essay must in principle be written in French.
If a consensus is reached among students, other types of final examination may be considered. |
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Work placement(s) :
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Organizational remarks :
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| The course is held every two years (2015-2016, 2017-2018,...). |
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Contacts :
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| Questions and queries may be addressed to : patrick.wautelet@ulg.ac.be or after each class meeting. |
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