Duration
48h Th
Number of credits
| Master in law, professional focus in private law | 5 crédits | |||
| Extra courses intended for exchange students (Erasmus, ...) (Faculty of Law, Political Science and Criminology) | 5 crédits |
Lecturer
Language(s) of instruction
French language
Organisation and examination
Teaching in the second semester
Schedule
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 foreign decisions and authentic acts. 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 authentic 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(s) 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.
- 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. Another course taught in English during the fall term (course DROI2353-1 - see http://progcours.ulg.ac.be/cocoon/en/cours/DROI2353-1.html) may provide a valid alternative for students with a limited command of French.
Planned learning activities and teaching methods
The course is lecture-based and centered on a concise overview of concepts, key issues, and applicable rules. The lectures will focus on the analysis of real-world cases, which-particularly through the study of case law-will help illustrate concepts and methods and facilitate the transition from a theoretical understanding of these concepts to a mastery of legal techniques. This will be particularly true during the second part of the course, which will be based primarily on the analysis of real-world scenarios.
Students are encouraged to actively participate in their own education. Questions and reflections are therefore encouraged and (actively) sought, despite the size of the class and the academic nature of the instruction. Students are encouraged to review the material to be covered before each class. Short assignments will be given to students from time to time to help them become more familiar with certain concepts and begin learning how to apply specific rules. Students who do not complete these assignments by the specified deadline will not be eligible to take the exam during the first exam session.
Students may be asked to complete short assignments according to guidelines that will be explained during class sessions, in order to prepare for or reinforce certain learning objectives. Failure to complete these assignments or late submission will result in ineligibility to take the final exam and a deferral to the next exam session.
Mode of delivery (face to face, distance learning, hybrid learning)
Face-to-face course
Course materials and recommended or required readings
Platform(s) used for course materials:
- eCampus
Further information:
Coursebook : 'Droit international privé - l'essentiel' (Jinske Verhellen & Thalia Kruger, la Charte 2020 - https://www.diekeure.be/fr-be/professional/10733/droit-international-prive). The lecturer will make available a set of materials, composed of national, European and international legislation. For most class meetings, students will also receive a power point presentation. All these documents should be used to provide assistance in understanding the course and not serve as an excuse not to attend classes... Attendance of class meetings is strongly recommended.
Exam(s) in session
May-June exam session
- In-person
written exam ( open-ended questions )
August-September exam session
- In-person
written exam ( open-ended questions )
Further information:
The assessment will take the form of a written exam. Students will be asked to address open-ended questions in the form of case studies. The first part will consist of short case studies that primarily require students to identify the relevant rule. The second part of the exam will consist of a more substantial case study, which will require students to identify and apply the relevant rules.
Examples of questions asked in previous years will be made available to students.
During the exam, students may only consult the relevant statutes, regulations, conventions, and treaties.
Work placement(s)
Organisational remarks and main changes to the course
Contacts
Questions and observations may be sent to patrick.wautelet@uliege.be or may be asked after each class meeting.