Introduction to Private International Law

Introduction to Private International Law

This lecture gives a comprehensive overview of the nature and functioning of Private International Law, which may be regarded as a system of rules which determines of how a dispute of Private Law should be treated, when a foreign element is present.  The rules of Private International Law do not aim to  resolve the substantial issue over a given dispute. Instead they are designed to identify the relevant legal systems and laws, which will finally be applied to solve a given dispute. This is especially important for online transactions, since the internet is prima facie borderless. The interesting question is thus how Private International Law copes with e-commerce and online delicts, such as illegal filesharing.

 

Students should obtain a good understanding of the legal framework and be able to apply it to a case study.

 

Literature: 

- Regulation 44/2001/EC (Brussels I) – updated by Regulation 1215/2012/EU (Brussels I Recast)
- Regulation 593/2008/EC on the law applicable to contractual obligations (Rome I)
- Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)
- Directorate General for Internal Policies, Department C, Citizens Rights and Constitutional Affairs: A European Framework for Private International Law: current gaps and future Perspectives: http://www.europarl.europa.eu/document/activities/cont/201212/20121219ATT58300/20121219ATT58300EN.pdf
- Dickinson, A., Lein, E. The Brussels I Regulation Recast, Oxford University Press, 2015
- Briggs, A., Civil Jurisdiction and Judgements ( Lloyd´s Commercial Law Library) Roudledge Informa Law, 2015
- Mankowski, European Commentaries on Private International Law, Vol. I-III / Brussels Ibis Regulation, Otto Schmidt, Nov. 2015

 

Further reading material will be provided nearer the time.