Private international law

Teacher(s)

Francq Stéphanie;

Language

French

Main themes

The course focuses on conflicts of jurisdictions and on conflicts of laws. It is divided into two parts. On the one hand, it describes general theoretical notions, the understanding of which is necessary to solve practical problems. On the other hand, it analyzes rules prevailing in each area of private law

Content

Private International Law addresses the specific questions raised by private situations with an international character. A private situation (contract, marriage, family relationship, accident, inheritance …) may present one or several international connections (nationality or localization of the parties, place of execution of contract, migration of the family, localization of one movable or immovable asset …) which will trigger specific question that do not need to be addressed in purely internal matters: In which jurisdiction should the dispute be decided? Which law should be applied? How should a foreign judgment or authentic instrument be enforced in Belgium?
The teaching of private international law is divided into 2 parts.
The first part (so called : general part) introduces the fundamental theoretical and methodological aspects of this field of law. The specific questions and methods of private international law will be identified, as well as their foundations and implementation.
The second part covers the legal framework in force in regard of the specific settings of an international situation: contracts, torts, family issue, property … Rules of private international law in force in these various fields will be identified and applied in practical cases, as well as analyzed in a critical approach. Students are asked to deal with practical situations. 

Teaching methods

The teaching method is dedicated mostly to practice, with multiple examples, given in 3 hours sessions. The class may be accessible on line depending on the situation. 

Evaluation methods

Written exam. 

Online resources

Documents and ppts are available on line (see moodle). The materials (case law and law collections) are available at the "service cours". 

Teaching materials

• Code de droit international privé (Larcier)
• Droit international privé. Recueil de jurisprudence

Faculty or entity

> BUDR