Private International Law

 Spotkanie

Private International Law

Program: Bachelor of Business and Administration (Specialisations: Business, Finance, Governance)
ECTS: 3
Lecturer: Dr. Piotr Rodziewicz
Email: piotr.rodziewicz@uwr.edu.pl

Type: Optional
Level: Elementary

Lecture
Number of hours: 2h X 6 weeks = 12 hours (1 semester)

Classes
Number of hours: 2h X 4 weeks = 8 hours (1 semester)

Objective: 
Course is intended to become students familiar with conflict of laws rules and it’s application. This rules identifies the areas of operation of the different legal systems in relation to private law matters. Moreover, course is going to present rules concerning application of foreign, if it is applcable and basic acts of uniform substantive law, which shall be applicable directly to legal relations with foreign element (ex. CISG).

Acquired knowledge:
Student knows conflict of laws rules contained in Polish act on private international law.
Student knows conflict of laws rules contained in European Union acts on private international law
Student knows conflict of laws rules contained in multilateral international conventions on private international law, especially convetions adopted under auspicies of Hague Conference on Private International Law
Students knows basic concepts and rules concering application of foreign law in litigation, arbitration and by public notary and other public bodies
Students knows provisions of substantive uniform law especially United Nations Convention on Contracts for the International Sale of Goods (CISG) and Conwention on the Limitation Period in the International Sale of Goods
Student knows scope of application of private international law, it’s sources of law, definition and knows choice of laws rule structure

Acquired skills:
Student can identify situations in which conflict of laws rules shall be applicable
Student can apply conflict of laws rules and is able to indicate law applicable for private law matters
Student can identify situations in which rules of substantive uniform law contained in international conventions shall be apply
Student can apply rules of substantive uniform law contained in international conventions
Student can apply legal institutions of private international law which have impact on application of foreign law

Developed reflection:
Student is able to qualify correctly social situations to the appropriate conflict of law rules of private international law and to settle issues concerning application of law applicable with regard to non-legal systems of social norms.
Student can formulate and present arguments in legal language.
Student is aware of the need for continuous learning and updating his knowledge on private international law.
Student knows how to work in a group and settle the legal issues, taking into account the social context of the case
Student can accurately present to a non-lawyer legal aspects of conflict of laws and it’s impact on social situations.

Assessment: 
The final grade consists of: term papers ( 100 % ).

Contents: 
Private international law – definition, scope of application, sources of law, conflict of laws rule structure

Indication of law applicable and it’s application. General institutions of private international law 

Personal statute of natural and legal person 

Law applicable for representation, limitation of claims, legal acts and their form

Law applicable for contractual obligations 

Contracts on international sale of goods with regard to international commercial practice (INCOTERMS etc.)

Law applicable for non – contractual obligations 

Law applicable for property rights 

Law applicable for family law matters 

Law applicable on sucession 

Recommended reading: 
Application of Foreign Law, Carlos Esplugues, José-Luis Iglesias, Guillermo Palao, Sellier, Munich, 2011.

Projekt “Zintegrowany Program Rozwoju Uniwersytetu Wrocławskiego 2018-2022” współfinansowany ze środków Unii Europejskiej z Europejskiego Funduszu Społecznego

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