Private International Law (2156) |
| Credits: 6,0 | | Study load hours: 162 | Period: quarter 1 (6sp)  |
| Language of instruction: English |
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Students should have a basis of legal English and EU law and/or former Private or Public International law classes. Exchange students who have already studied Private International law at their home universities could benefit from this course by having a comparative view of Private International law as applied in their national jurisdiction and the one at the EU level.
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In 'Private International Law', students are made familiar with transnational applications of private law and discuss the rules regarding jurisdiction, applicable law, and recognition and enforcement, with a focus on how they apply in the EU: A Bird's eye view 1. The Concept, nature and development of Private International Law 2. Sources of Private International Law 3. The 3 processes of PIL, and standard 'connecting factors' 4. Characterisation, Renvoi and the incidental issue 5. Forum shopping and forum non conveniens 6. The impact of European law on the Private international law of the Member States II The detail - European PIL, The Brussels I, Rome I and Rome II Regulations III Capita Selecta - Current issues a. CSR: Human rights and Environmental protection b. Insolvency
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| Compulsory textbooks (bookshop) |
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Textbook 1:
Codex I - Professor Renvoi in Wonderland. Legislation, September 2023, Acco
Textbook 2:
European Private International Law, Geert Van Calster, Oxford, 2024, Hart
Textbook 3:
Blundering Bifurcation - Cases on (EU) Private International Law, September 2025, Acco |
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| Compulsory course material |
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Course Book Private International Law (Blackboard) |
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Lecture ✔
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Tutorial group ✔
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Quarter 1 (6,00sp)
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| Use of study material during evaluation | ✔ |
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| Explanation (English) | Students have access to the statute book (legislation); the case-law reader; and the Handbook used for the course. |
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| Additional information | The first part including of the exam is a partly open book exam. Student will have access to the legislation. The second part of the exam, i.e. the essay, is a partial open book exam: students have access to the statute book (legislation); the case-law reader; and the Handbook used for the course. In consultation with the Education Management Team and the Student Administration, the lecturer determines the schedule and the examination format for a possible catch-up exam. The examination format may deviate from the examination format used during the regular examination period, in particular an oral rather than a written exam may be used. The schedule and examination format will be communicated to the student after the request for a catch-up exam has been approved. |
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Second examination period
| Evaluation second examination opportunity different from first examination opprt | |
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| Explanation (English) | Depending on the number of participants the type of assessment for the
second chance may be altered from written to oral. |
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Learning outcomes | EC = learning outcomes DC = partial outcomes BC = evaluation criteria |
Master of Laws
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- EC
| EC01 - A graduate of the Master of Laws programme has introductory and more in-depth knowledge of and insight into the doctrines and systematics of those branches of law relevant to the core subjects in the master’s programme, including from a European and comparative law perspective. They are able to apply that knowledge and those insights, including from a European and comparative law perspective. (academic, specifically legal, skills and knowledge) | | | - DC
| The student has to apply the studied legislation and literature to come to a reasoned opinion about the best way to solve a practical case study or explain the different angles to a certain hypotheses. | - EC
| EC03 - A graduate of the Master of Laws programme has insight into the recent societal developments and the academic research in the sector. (academic, specifically legal, skills and knowledge) | | | - DC
| The student is able to analyse the problems private international law faces, amongst other from a social point of view, based on the studied materials. | - EC
| EC04 - De master in de rechten heeft inzicht in de problematiek van eenmaking van het recht, in het bijzonder binnen de Europese context. (wetenschappelijk-disciplinaire kennis) | | | - DC
| The student is able to formulate an opinion about the direction European private international law is taking and what the opinions of the different stakeholders are in these matters. | - EC
| EC05 - A graduate of the Master of Laws programme has insight into the continuous interaction between national, supranational and international law. (academic, specifically legal, skills and knowledge) | | | - DC
| The student analyses the different legislative instruments that exist on national, European and international level and is able to determine which level is appropriate to solve the case studies and essay questions. | - EC
| EC06 - A graduate of the Master of Laws programme is able to critically and independently use, consult and select various Dutch, English and French (digital) legal sources. (general academic research competences) | | | - DC
| The students have to be able to select the appropriate legislation and literature out of a selective list (all English) in order to solve the case studies and prepare for the lectures. | - EC
| EC07 - A graduate of the Master of Laws programme is able to analyse, process and make responsible use of legislation, case law, legal doctrine and other legal sources. (general academic research competences) | | | - DC
| The students have to determine the correct relationship between the different legislative instruments and based on their determination solve the case studies. | - EC
| EC09 - A graduate of the Master of Laws programme is able to detect the different elements and the relevant legal rules in a complex problem and subsequently to select one or more adequate solution strategies, to support the selected solution strategy(s), and to apply the chosen solution strategy(s). (general competence) | | | - DC
| The students are confronted with case studies and are able to reflect upon the facts of the case and the corresponding legal rules and case law and then apply those rules to the case study. In the tutorials they then have to justify their choice and discuss differences with the other students. | - EC
| EC11 - A graduate of the Master of Laws programme is able to adequately communicate and present their own ideas, positions and solutions in various contexts, both orally or in writing, using the Dutch, English and French (legal) language. (general competency) | | | - DC
| The students actively use knowledge of the English (legal) language while preparing for the tutorials and lectures. The students are able to present their views and can formulate suggestions to solve case studies in English as well, both written and oral. | - EC
| EC12 - A graduate of the Master of Laws programme is aware of the importance of sustainable conflict management, in particular through negotiation and mediation, has insight into various sustainable conflict management negotiation and mediation techniques, and is able to apply the basic techniques in an adequate manner. (general competency) | | | - DC
| Students are expected to detect the relevant stages of negotiation in a conflicts context. | - EC
| EC13 - A graduate of the Master of Laws programme recognizes ethical and societal aspects within a legal context, can critically reflect upon them and can guide their own judgement based on these ethical considerations, taking into account their responsibilities as a lawyer. (general competency) | - EC
| EC15 - A graduate of the Master of Laws programme demonstrates a critical attitude, and is able to gain overview of a variety of legal positions, to assess them critically and to arrive at one's own, substantiated legal opinion. (general competency) | | | - DC
| The students are confronted with case studies and open essay questions and are able, after self-study of relevant scholarship and case law, to critically reflect upon the facts of the case and the corresponding legal rules and case law and formulate their own opinion. | - EC
| EC18 - A graduate of the Master of Laws programme demonstrates a positive attitude towards lifelong learning. (general competency) | | | - DC
| The students follow the law blog of the professor to prepare for the lectures and the exam and are being made aware that follow-up of current affairs is of the utmost importancein a quickly evolving field. |
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| Included in these programmes | Tolerance3 |
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Y
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1st year Master of Laws
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Y
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Exchange Programme Laws
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Y
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1 Education, Examination and Legal Position Regulations art.12.2, section 2. |
| 2 Education, Examination and Legal Position Regulations art.15.1, section 3. |
3 Education, Examination and Legal Position Regulations art.16.9, section 2.
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