Private international law

Duration

45h Th

Number of credits

Lecturer

Patrick Wautelet

Language(s) of instruction

French language

Organisation and examination

Teaching in the second semester

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

This course is meant to offer an introduction to private international law as it is applied in Belgium. To that end, the course will focus first on the different methods which are used to solve private international law issues - and in particular the issue of jurisdiction in cross-border matters, the question of the applicable norms and finally the question of circulation of decisions. These issues will be studied so as to give students the tools required to understand and analyse a private international law problem. Specific attention will be given to the interaction between the various layers of rules (international, European and national).
In a second stage, the fundamental questions will be illustrated by reference to the various practical contexts in which they can arise. In a first part, attention will be focused on family law questions such as marriage, divorce, alimony and financial relationships between spouses. In a second part, one will turn to the commercial law issues, such as contracts, torts and property.
Specific attention will also be devoted to the issue of cross-border circulation of judgments and acts.

Learning outcomes of the learning unit

The course aims to give students a broad overview of the questions that can arise in private international disputes or situations and the methods used to solve them. The focus will be on analytical thinking and problem-solving approach and not so much on detailed knowlegde of all applicable rules.
By the end of this course, students will be able to:
- identify the relevant private international law question after analyzing a simple factual situation involving cross-border aspects
- identify the relevant rules, whether they have been adopted by a national legislator, the European Union or several States acting together;
- apply the relevant rules to a simplified case so as to find out which court has jurisdiction, which rules should be applied and whether or not a foreign judgment or act should be granted any effect.
- outline the various steps to be taken in order to apply the relevant rules.
- be able to take into account the effect of harmonized rules.
 
 

Prerequisite knowledge and skills

A basic knowlegde of one's national private law and a good knowlegde of the French language. Students whose command of the French language is insufficient should talk to the instructor before registering. This course is also taught in English during the fall term (course DROI2353-1 - see http://progcours.ulg.ac.be/cocoon/en/cours/DROI2353-1.html). Students with a limited command of French are strongly encouraged to sign up for the English version of the course.

Planned learning activities and teaching methods

The course will be taught in lecture style, with, however, some input from the classroom. No preparation or reading is required for the lectures, although they could certainly help, especially if the student's command of the French language is limited. During the second part of the course, the lectures will be mainly based on practical cases, which will be examined closely during meetings with the students.
Students may be asked to carry out limited assignments, in order to anticipate or further some learning outcomes. Carrying out these assignments is compulsory. In case of non compliance or late compliance, the student shall be deprived of the possibility to present the final exam.

Mode of delivery (face-to-face ; distance-learning)

There will mainly be lectures by the teacher, with emphasis on the concepts and key questions, and not on the details. During the lectures, practical cases will be dealt with to illustrate the rules studied.
Questions will be fielded to the students and active participation is warmly encouraged, even though the size of the class may not allow for a real socractic dialogue. Students are warmly encouraged to read the materials before each class meeting. This is especially valuable for the students whose command of the French language is limited.Students may be asked to carry out limited assignments during the term. These assignments are compulsory and should be handed in in due time. Failure to do so will deprive the student the possibility to present the final exam during the first term.

Recommended or required readings

The lecturer will make available a handout composed of summaries of the main issues dealt with in the course. For most class meetings, students will also receive a power point presentation. Students will also receive a set of materials, composed of national, European and international legislation. All these documents should be used as a help and not serve as an excuse not to attend classes... Attendance of class meetings is strongly recommended.

Assessment methods and criteria

Students will havr the choice between two forms of final evaluation.
A fist classic type of evaluation will consist in a written exam. The examination will be conducted in French. Students will be given several cases to solve (with the help of relevant statutory materials). The aim of the examination is to evaluate whether the student has mastered the reasoning underlying the main rules of private international law, rather than merely memorized the rules. The written exam shall include at least one case to be solved open book style.
If only a limited number of students are registered for the second exam period, those students may be allowed to present an oral examination. The oral examination will also include a practical case.
Students are strongly advised to bring all relevant legislartion (Belgian, European and international) for the written examination. Students may underline the relevant provisions and make cross-references. No other comments may be made on the statutory instruments used by students.
Students should make sure to carry out the various assignments handed out to them during the term. Failure to do so shall deprive the student of the possibility to take part in the final evaluation during the first term.
Students may also opt for a moot court as final examination. The moot court exercise will be conducted in teams, the size of which will be announced after registration for the moot is closed. The students will be required to study a case, prepare written submissions (in French) for the court and argue the case in front of a fictitious court. The precise modalities of the moot will be announced during the first session of the course.

Work placement(s)

Organizational remarks

Contacts

Questions and observations may be sent to patrick.wautelet@ulg.ac.be or may be asked after each class meeting.

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