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Private International Law 2017/2018

  • 5 ECTS
  • Taught in Portuguese
  • Final Assessment

Objectives

It is intended that the student is able to:

Identify the legal relations of private international law purposes;
-Adquirir Concepts and percecionar the guiding principles of this branch of law;
-Resolver Plurilocalizados conflicts with regard to the legal regulations, in particular according to the policy conflictual;
Deciding conflicts of laws in space through the qualification and adaptation mechanisms;
-Indicar The law applicable to the case in the situation where the law designated by the conflict rule does not consider competent and refer to another law - the phenomenon of order;
-Apreender Saw material or substantive in the regulation of private international relations;
-Know European regulatory mechanisms plurilocalizadas situations - Regulation (EC) No 593/2008 of 17 June, Rome I, on the law applicable to contractual obligations; Regulation No 864/2007 of 11 July, Rome II on the law applicable to non-contractual obligations.

Recommended Prerequisites

Knowledge at the level of civil law, especially in terms of contract law.

Teaching Metodology

The methods are:
The lecture method
Socratic
Inductive
Method case
Analysis and document review

The lecture method translates the transmission of information and knowledge (liability); the Socratic method, evolutionary learning process of putting the caller a series of questions; and the inductive or induction, which translates into a reasoning, from a sufficient number of individual cases to complete a general truth.
The first being a passive method lacks coordination with other methods in order to maximize the skills and knowledge / learning of students. To pave the expository speech, it calls up the individual study of a practical case (case method) in which the student comes into contact with the problem described in the case or particular situation. Thereafter, the individual preparation is confronted in class where they will discuss the various viewpoints of the solution.

Body of Work

1 Concept and Concept DIP
2 DIP Scope
3 Foundation and Nature of DIP
4 DIP sources
5- Genesis and historical development of DIP
6- Regulatory Pathways of international private situations: methodological pluralism
7 DIP General Foundation. Structuring principles of DIP and main justifiable values.

GENERAL PART
1- Standard conflict
2- The problem of qualification
3. The problem of adaptation DIP
4. The order
5- The rights acquired
6- The reference of standard conflict to a plurilegislativo law
7. The application of the stranger stuff
8- The exception of international public order
9- The circumvention of the law

SPECIAL PART
1- The law applicable to contractual obligations and the principle of autonomy in DIP.
2-The study of Commission Regulation 593/2008 of 17 June on the law applicable to contractual obligations (Rome I): scope; the applicable law; the protection of the weaker party.

Recommended Bibliography

Not applicable

Complementary Bibliography

Not applicable

Weekly Planning

THEORETICAL CLASSES
1st Week
Presentation.
General considerations.

Week 2
DIP function and concept.
Typology of private international relations.
The DIP object. The principle of non-transitive laws.
The modus operandi of the conflict rule.
DIP's scope.

3rd Week
Foundation and nature of the DIP

4th Week
Foundation of study completion and nature of PID.

5th Week
Various sources of DIP.

6th Week
Brief approach to Genesis and dip of historical development.
The methodological pluralism.

7th Week
Structuring principles and core values ??of the DIP
The conflict rule.

8th Week
The Problem of qualifications.

9th Week
The qualifications of the study continued.

10th Week
The Forwarding

11th Week
Acquired rights.
The plurilegislativos systems.
The application of the law foreign material.

12th Week
The exception of international public order.
The circumvention of the law.

13th Week
Regulation 593/2008 I-Rome: Scope. General aspects. The protection of the weaker party to the Rome I Regulation and compliance with the minimum status.

14th Week
Regulation 864/2007-Rome II: scope. General aspects.

15th Week
Conclusion of the previous study.


Practical classes (15 classes)

1st Week
Critical analysis on methods: conflictual and Noun.

Week 2
The Conflict standard structure. Critical analysis of the rules of CC constant conflicts.

3rd Week
The Conflict standard structure. Critical analysis of the rules of CC constant conflicts.

4th Week
Qualifications. Practical case resolution with appeal to inductive and deductive methods.

5th Week
Qualifications. Practical case resolution om appeal to inductive and deductive methods. .

6th Week
Qualifications. Practical case resolution with appeal to inductive and deductive methods.
7th Week
Qualifications. The phenomenon of adaptation. Practical case resolution with appeal to inductive and deductive methods.
8th Week
Resend. Practical case resolution with appeal to inductive and deductive methods.
9th Week
Resend. Practical case resolution with appeal to inductive and deductive methods.
10th Week
Resend. Practical case resolution with appeal to inductive and deductive methods.
11th Week
Resolution test cases to appeal to inductive and deductive methods.
12th Week
Rome I Regulation cases of Practical resolution with appeal to inductive and deductive methods.
13th Week
Rome I Regulation cases of Practical resolution with appeal to inductive and deductive methods.
14th Week
Rome I Regulation cases of Practical resolution with appeal to inductive and deductive methods.
15th Week
Revisions.

Demonstration of the syllabus coherence with the curricular unit's objectives

To meet the objectives it proposes to: - Identify the legal relations object of private international law and acquire the concepts and the guiding principles of this branch of law indicated the syllabus are: Concept and DIP concept; Under the DIP and; Foundation and DIP Nature. - Resolve conflicts with regard to its legal regulations, in particular, according to conflictual via the indicated syllabus are: DIP sources; Genesis and historical development of DIP; Regulatory pathways of international private situations: methodological pluralism and DIP and General Foundation; Structuring principles of DIP and main justifiable values. - Decide the conflict of laws in space through the qualification and adaptation mechanisms indicated syllabus are: points 1,2 and 8 of the general part.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

The lecture method will be applied to the learning of the following objectives: - To identify the legal relationships of private international law purposes; - To acquire the concepts and the guiding principles of this branch of law; The Socratic method is intended to meet the objective: - Solve situations with regard to the legal regulations, in particular according to the policy conflictual; - Know European regulatory mechanisms situations - Regulation (EC) No 593/2008 of 17 June, Rome I, on the law applicable to contractual obligations; Regulation No 864/2007 of 11 July, Rome II on the law applicable to non-contractual obligations. The inductive method, case study and analysis and documentary critique applies to the following objectives learning: -solve situations with regard to the legal regulations, in particular according to the policy conflictual; Deciding conflicts of laws in space.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYesYes
Problem Analysis and AssessmentYesYes
Problem-solvingYesYes
Written and verbal communications skillsYesYes
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