General information

Module title Private International Law
Language EN
Module lecturer prof. dr hab. Maciej Mataczyński
Lecturer's email mataczyn@amu.edu.pl
Lecturer position profesor
Faculty Faculty of Law and Administration
Semester 2021/2022 (winter)
Duration 30
ECTS 8
USOS code 10-PIL-w-Erasm

Timetable

Module aim (aims)

The aim of this module is to provide students with knowledge needed to determine the law applicable to international relationships with respect to private law. Thus student will be given apt opportunity to learn basic concepts of private international law, analyse sources of law (in their multiplicity in this particular field), search for case-law. The core of the course will be based on presentation and commentary to European Union unified law in the field of private international law, namely regulations Rom I and Rome II and on succession (with lesser emphasis) regulations on matrimonial relations. The course will be conducted from the perspective of European business law, so most of the time & practical examples will touch upon commercial relations. Nevertheless basic institutions of general part of private international law (like fe. ordre public, characterisation, renvoi) will also be covered with adequate theoretical background. Lecture will be inspired more by Anglo-American approach to conflicts of law (practical, more business-oriented, case-law) than German (extensive overview of legal doctrine). Despite stress on business it will naturally cover also private persons in their various international legal context (contracts, tort, marriage, succession) not only companies. To lesser extent it will provide students with knowledge on international civil procedure with respect to the competence of courts (jurisdiction) and recognition and execution of court judgements.

Learning content description
The concept of private international law and its position in the Polish system of law, conflict of laws norms, norms of international civil procedure with respect to jurisdiction, recognition and execution of court judgements.
Sources of international private law (international agreements – multilateral and bilateral, EU laws, national acts, including the private international law act).
The structure and types of a conflict of laws norm.
Types and classification of connecting factors.
General private international law issues, including: classification of legal terms, reference, preliminary ruling, public order clause, mandatory rules, change of law, application of foreign law as applicable law.
Personal law (law applicable to natural and legal persons).
Form of legal activities: applicable law; the scope of applicable law.
Limitation of claims: applicable law; the scope of applicable law.
Representation, with special emphasis on the power of attorney: applicable law, the scope of applicable law.
Property rights: applicability of law to ownerships and other property rights; applicable law to legal activities with respect to property law with special emphasis on disposal of real property; the scope of law applicable to property.
Law applicable to intellectual property rights and their protection; applicability of legis loci protectionis.
Contractual obligations: applicability of the law with special emphasis on the choice of law; the scope of law applicable to the contract; interim issues: application of sources of conflict of laws norms (private international law act, Convention of the law applicable to contractual obligations, Regulation of the European Parliament and the Council 593/2008 (Rome I)).
Non-contractual obligations, including obligations under prohibited acts and unjust enrichment: applicable law; the scope of applicable law; interim issues: application of sources of conflict of laws norms: private international law act, Regulation of the European Parliament and the Council No. 864/2007 (Rome II)
Conflict of laws aspects of family and guardianship law (marriage, property and personal relations in marriage, separation and divorce, legal relationships between parents and children, maintenance claims, adoption, care and supervision) – applicable law; the scope of specific applicable laws; sources of conflict of laws norms, including the Hague protocol.
Inheritance: applicable law; the scope of law applicable to inheritance, legal actions in case of death (validity, form).
Employment relationships: applicable law; the scope of applicable law; sources of conflict of laws norms.
International civil procedure: Jurisdiction, recognition and execution of court judgements; sources of law: Code of Civil Procedure (4th section), EU laws (Regulation 44/2001/EC, Regulation 2201/2003/EC, Regulation 4/2009/EC; international agreements, including the Lugano convention.
Selected international arbitration issues (foreign arbitration clause, execution of foreign arbitration awards).

Pre-requisites in terms of knowledge, skills and social competences (where relevant)

Pre-requisities:
It is highly recommended, though not obligatory, that a student be familiar with basic concepts of private and commercial law, b) civil procedure, c) sources of the EU law and rules governing their applicability in laws of the Member States.

Assessment criteria:
a) active participation (at least 80% of the presence; participating in discussion and solving cases);
b) appropriate use of language and terminology,
c) ability to articulate one’s thoughts and opinions in a correct manner and support them with rational reasoning,
d) ability to use correct legal argumentation and draw logical conclusions,
e) knowledge of provisions and legal terms specific to the private international law,
f) knowledge of the ECJ and other jurisdiction case law analyzed during the course
g) satisfactory preparation of an essay (up to 8 pages).

Syllabus

TK_01 The concept of private international law and its position in the Polish system of law, conflict of laws norms, norms of international civil procedure with respect to jurisdiction, recognition and execution of court judgements. PIL_01, PIL_02
TK_02 Sources of international private law (international agreements – multilateral and bilateral, EU laws, national acts, including the private international law act). PIL_03; PIL_04
TK_03 The structure and types of a conflict of laws norm. PIL_01
TK_04 Types and classification of connecting factors. PIL_01
TK_05 General private international law issues, including: classification of legal terms, reference, preliminary ruling, public order clause, mandatory rules, change of law, application of foreign law as applicable law. PIL_01, PIL_02
TK_06 Personal law (law applicable to natural and legal persons). PIL_01, PIL_04; PIL_05
TK_07 Form of legal activities: applicable law; the scope of applicable law. PIL_01, PIL_04; PIL_05
TK_08 Limitation of claims: applicable law; the scope of applicable law. PIL_01, PIL_04; PIL_05
TK_09 Representation, with special emphasis on the power of attorney: applicable law, the scope of applicable law. PIL_01, PIL_04; PIL_05
TK_10 Property rights: applicability of law to ownerships and other property rights; applicable law to legal activities with respect to property law with special emphasis on disposal of real property; the scope of law applicable to property. PIL_01, PIL_04; PIL_05
TK_11 Law applicable to intellectual property rights and their protection; applicability of legis loci protectionis. PIL_01, PIL_04; PIL_05
TK_12 Contractual obligations: applicability of the law with special emphasis on the choice of law; the scope of law applicable to the contract; interim issues: application of sources of conflict of laws norms (private international law act, Convention of the law applicable to contractual obligations, Regulation of the European Parliament and the Council 593/2008 (Rome I)). PIL_01, PIL_04; PIL_05
TK_13 Non-contractual obligations, including obligations under prohibited acts and unjust enrichment: applicable law; the scope of applicable law; interim issues: application of sources of conflict of laws norms: private international law act, Regulation of the European Parliament and the Council No. 864/2007 (Rome II) PIL_01, PIL_04; PIL_05
TK_14 Conflict of laws aspects of family and guardianship law (marriage, property and personal relations in marriage, separation and divorce, legal relationships between parents and children, maintenance claims, adoption, care and supervision) – applicable law; the scope of specific applicable laws; sources of conflict of laws norms, including the Hague protocol. PIL_01, PIL_04; PIL_05
TK_15 Inheritance: applicable law; the scope of law applicable to inheritance, legal actions in case of death (validity, form). PIL_01, PIL_04; PIL_05
TK_16 Employment relationships: applicable law; the scope of applicable law; sources of conflict of laws norms. PIL_01, PIL_04; PIL_05
TK_17 International civil procedure: Jurisdiction, recognition and execution of court judgements; sources of law: Code of Civil Procedure (4th section), EU laws (Regulation 44/2001/EC, Regulation 2201/2003/EC, Regulation 4/2009/EC; international agreements, including the Lugano convention. PIL_02; PIL_05
TK_18 Selected international arbitration issues (foreign arbitration clause, execution of foreign arbitration awards). PIL_02; PIL_05


Assessment criteria:
a) active participation (at least 80% of the presence; participating in discussion and solving cases);
b) appropriate use of language and terminology,
c) ability to articulate one’s thoughts and opinions in a correct manner and support them with rational reasoning,
d) ability to use correct legal argumentation and draw logical conclusions,
e) knowledge of provisions and legal terms specific to the private international law,
f) knowledge of the ECJ and other jurisdiction case law analyzed during the course
g) satisfactory preparation of an essay (up to 8 pages).

Reading list

Dicey, Morris & Collins on the Conflict of Laws; Sweet & Maxwell, 15th ed., 2012 (excerpts will be distributed by prof. Mataczynski).
Junker A., Internationales Provatrecht, 2. Aufl., C.H. Beck 2014.
Other reading materials distributed by prof. Mataczynski.