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, etc.) 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, etc.) which will trigger specific questions that do not arise in purely domestic situations: 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 the field. It identifies the specific questions and methods of Private International Law, as well as their foundations and the transversal difficulties involved in their implementation.
The second part examines the legal framework applicable to specific types of an international situations, such as contracts, torts, family matters and property. The rules of Private International Law applicable in these various fields are identified and applied to practical cases, while also being examined from a critical perspective. Students are required to address pratical situations and apply the relevant rules to concrete cases. 

Teaching methods

Classes take place twice a week on site, with each session lasting two hours. Given the size of the class,  teaching is predominantly lecture-based, but students are encouraged to ask questions and participate in discussions whenever possible. In exceptional circumstances, a teaching session may be replaced by a video.
In addition, two practical sessions are devoted to training students in solving cases, as well as one Q&R session is organized at the end of the semester. 
Co-modal teaching arrangements are not provided for this course.
The teaching method may be adapted depending on thepublic health situation.
See the Moodle website. 

Evaluation methods

The course is assessed by means of a written examniation held in person. Students mays use the collection of statutory provisions (Code essentiel 2025) and the case-law collection. See Moodle for further information.
ERASMUS IN students will take an oral examination during an early examination session before the Christmas break.

Other information

Collection of statutes and of case law necessary for the class : 
- Code essentiel droit international privé 2025 (Carlier/Fallon/Francq):
- Droit international privé: recueil de jurisprudence 2018 (Carlier/Fallon/Francq) + complément fourni sur le site moodle
The use of the tratise on Private intenational law published in 2026 (Fallon/Carlier/Francq) is haighly recommended : https://www.larcier-intersentia.com/fr/droit-international-prive-9782807929388.html

Online resources

See the Moodle website. Documents, ppt and videos are posted online.

Teaching materials

• Code de droit international privé (Larcier)
• Droit international privé. Recueil de jurisprudence
• M. Fallon, J.-Y. Carlier, S. Francq, Droit international privé, 4ème édition du précis de François Rigaux, Larcier 2026

Faculty or entity

> BUDR