Learning Outcomes

This curricular unit aims to provide to law students a knowledge of:

• The problems involved on the regulation of private international situations; - the necessity of intervention, on that regulation, of several normative levels, not only of Private International Law (of domestic and European source);
• The various methodologies adopted for the regulation of transnational private relations; - the structure and functioning of choice-of-law rules;
• The basic concepts of the general theory of the Conflict of Laws (domestic and European).
  
  By offering students an introduction to the governance of private international relations and the basic concepts and doctrines of the general theory of Conflict of Laws, one has in view preparing them for further graduate and post-graduate studies on the regulation of particular transnational legal situations, such as international contracts, cross-border insolvencies or companies’ international activity and mobility.

Syllabus

INTRODUCTION

I – Private International relations: variety of legal situations according to their location; problems posed by the regulation of private transnational situations, in particular the choice-of-law problem

II - Sources of Conflict of Laws regulations

III - Conflict of laws vis-à-vis Public International Law and EU Law

IV - Methods of regulation of Private International situations

1. The classical conflict of Laws approach of Savigny: characteristics and principles of conflict of laws justice;
2. Criticism to the classical approach;
3. Methodological pluralism in modern Private International Law.

GENERAL THEORY OF THE CONFLICT OF LAWS

I - Theory of the choice-of-law rule: structure and functions

II - The Problem of characterization

III - The relevance of foreign conflict of laws systems

1. Renvoi;
2. Recognition of foreign vested (acquired) rights.

IV - Interpretation and application of foreign law

V - International Public Policy (ordre public)

VI - Evasion of the Law (fraude à la loi)