Private International Law refers to the rules that regulate legal relationships with cross-border elements. It deals with disputes which may involve the domestic laws of more than one State because some of their elements are connected with more than one such jurisdiction. Traditionally, Private International Law is concerned with three issues: the court of the State having jurisdiction in relation to a dispute; the law applicable to a legal relationship; the cross-border recognition and enforcement of a foreign judgment or an authentic instrument.
The goal of this class is to allow the students to :
- Understand and apply relevant conflict of jurisdiction rules.
- Understand and apply relevant conflict of law rules.
- Focus not only on the national private international law in France but master the EU private international law major regulations.
The course starts with the analysis of the new instruments of Private International Law which have been adopted by the European institutions. The first semester will be focused on the method to adjudicate the jurisdiction in a dispute with cross-border elements. Once choosing a Member State’s court, the problem of the choice of law and the recognition/enforcement of the judgment rendered elsewhere will be taken into account.
In the second semester the course will focus on applicable EIPL governing contracts and torts, as well as the insolvency regulation. From a substantial point of view, both in theory and in case law examples, special emphasis will be given to civil and commercial matters
During the whole course, the deep analysis of the prominent case law of the Court of Justice of the European Union (CJEU) will constitute a fundamental instrument of learning and understanding.
However, a comparative analysis shall be fallowed with the regular study of the USA solutions in conflict of laws.
