| CODE | ECL4005 | ||||||||
| TITLE | European Conflict of Laws and Comparative Private Law | ||||||||
| UM LEVEL | 04 - Years 4, 5 in Modular UG or PG Cert Course | ||||||||
| MQF LEVEL | 6 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | European and Comparative Law | ||||||||
| DESCRIPTION | The study-unit will focus on the mechanics of European private law from a comparative view by analysing the nature of European legal systems, namely civil law, common law and mixed jurisdictions. The study-unit will then focus on the rules of the European Union regulating international jurisdiction of national courts in civil and commercial matters and recognition and enforcement of such judgments (the Brussels Regulation and the Lugano Convention). Furthermore, the European rules determining the law applicable to international contracts (the Rome Convention and some secondary instruments) will be examined. Learning Outcomes: - Development of a deeper understanding and knowledge of the conflict of law rules relating to the Brussels and Rome Regimes; - Identification of doctrinal and practical trends in legal practice and relevant EU case-law and their impact on legal developments; - Development of advanced legal research skills in the field; - Development of the skills to read beyond legal doctrine and to evaluate the relevance and importance of other disciplines for their own legal analysis; - Understanding of the ongoing developments in European Private Law. Reading List: - Briggs The Conflict of Laws, Clarendon Press, 2008. - Cheshire, North & Fawcett, ‘Private International Law’ 14th ed. OUP 2008. - R.C van Caenegen, ‘European Law in the Past and the Future’, CUP, 2002. - K. Boele-Woelki (ed.), Perspectives for the unification and Harmonisation of Family Law in Europe 2004. - Eva Storskrubb Civil Procedure and EU law OUP, 2008. - European Private Law Review, Kluwer. |
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| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||||
| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Oleksandr Pastukhov Ivan Sammut |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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