Universitat Internacional de Catalunya
Private International Law
Other languages of instruction: Catalan
Teaching staff
Introduction
The relations between people, corporate structures and peoples in general, in an interconnected world in all fields, is a reality that the formation of any jurist cannot ignore.
In an increasingly internationalized, more interrelated global context, business activities, investments and family ties among human beings are unaware of the notion of borders, leading to multiple relations of external legal traffic.
However, a jurisdictional and legislative disorder is visible when it comes to addressing legal realities related to the Law of People, Family, Obligations and Inheritance, when these disciplines are internationalized, when several national sovereignty collides.
And to resolve these issues, Private International Law appears and basically serves to determine the competent jurisdiction and the law applicable to internationalized legal problems, because they present some element of external legal traffic, connecting two or more legal systems; but also, in a broad sense, it deals with other issues, such as international judicial cooperation, restitution in cases of international child abduction, or even international arbitration.
Objectives
1. That the student could be in a position to analyze legal situations specific to Private International Law and to confront them using the criteria, concepts, tools and alternatives that this discipline facilitates. 2. Develop individual skills in the application of international treaties and community regulations and in the search and management of bibliographic and documentary sources. 3. That student could know and becomes familiar with terminology, concepts, and. in general, the methodology of Private International Law; and 4. Bring the student closer to international arbitration.
Competences/Learning outcomes of the degree programme
- 05 - To be able to develop skills for group work
- 07 - To acquire negotiating and mediation skills
- 09 - To develop mechanisms that favour sensitivity towards issues related to fundamental rights as well as respect for other cultures and customs
- 11 - To acquire skills for autonomous learning
- 15 - To develop a perception of the united nature of the legal system and the required interdisciplinary vision for legal issues
- 24 - To acquire the skills to resolve problems and make decisions using relevant information and by applying correct methods while placing the issue within a legal system context
Learning outcomes of the subject
1. Know and understand the legal approach of Private International Law to cases of increasing internationalization of people's lives.
2. Have acquired skills and abilities to know and apply the plurality of their sources and the different regulatory techniques of Private International Law.
3. You will have developed skills and abilities to solve these assumptions by addressing your own problems: international judicial jurisdiction, the issue of applicable law, proof of foreign law and the recognition of sentences and other types of foreign acts, both in civil and civil matters.
4. Know and understand the issues of nationality and condition of the foreigner.
5. Have acquired skills for teamwork.
6. Have acquired skills for negotiation and mediation.
7. Be sensitive to promoting respect for other cultures and customs.
8. Have acquired sensitivity towards issues related to fundamental rights.
9. Will be able to search for information, interpret it and use it for the resolution of practical cases or the realization of works related to this matter.
10. Will be able to project the knowledge of this subject in the trial of subsumption related to practical cases.
11. Have acquired skills for autonomous learning.
Syllabus
Private International Law. UIC 2025-26
PRELIMINARY MATTERS
Topic 1. Private International Law: concept, subject matter and function. Assumptions and issues. System of sources. The Constitution and Private International Law. The preliminary title of the Civil Code.
Topic 2. Interregional Law: criteria of the Spanish system. Civil residence status.
Topic 3. Nationality: concept. Its acquisition, loss and recovery under Spanish law. Issues arising from dual nationality.
INTERNATIONAL JURISDICTION, INTERNATIONAL COOPERATION, RECOGNITION AND FREE CIRCULATION OF FOREIGN DECISIONS
Topic 4. International jurisdiction: concept and limits. Immunity from jurisdiction. Forums of international jurisdiction. Main instruments and rules: Brussels I, II and II bis and the Organic Law on the Judiciary. International judicial assistance.
Topic 5. Recognition of foreign judicial decisions and acts of voluntary jurisdiction. Free circulation of judicial decisions within the European Union framework. International treaties and the reciprocity system.
Topic 6. Form and Private International Law: Article 11 of the Civil Code. Foreign public documents. Their access to public registries. The European enforcement order.
APPLICABLE LAW
Topic 7. Legislative technique in Private International Law: conflict-of-law rules and substantive rules. The conflict-of-law rule: connecting factors, mandatory nature and alternatives. Overview of Spanish legislation.
Topic 8. Problems in applying the conflict-of-law rule: characterisation and conflicts of characterisation; fraud against international law; renvoi and its degrees. The mobile conflict. Impossibility of applying foreign law (public policy exception). Foreign law: pleading and proof.
PERSONS, FAMILY AND SUCCESSIONS
Topic 9. Natural persons: personal status. Capacity, incapacity, age of majority and emancipation. Protection of incapacitated adults.
Topic 10. International Family Law (I). Marriage, unmarried partnerships and marital crises.
Topic 11. International Family Law (II). Filiation and adoption. Protection of minors: international child abduction. Maintenance obligations.
Topic 12. Legal persons and Private International Law. Special reference to capital companies and corporate groups.
Topic 13. Succession in Private International Law. The European Certificate of Succession.
OBLIGATIONS, CONTRACTS AND RIGHTS IN REM
Topic 14. Contractual obligations in Private International Law. The new Lex Mercatoria. Regulation “Rome I”. International employment contracts and consumer contracts.
Topic 15. Non-contractual obligations in Private International Law. Regulation Rome II.
Topic 16. Rights in rem and Private International Law. Intellectual and industrial property rights.
Teaching and learning activities
In person
The subject will be taught through master classes in which the teacher will explain the contents of the subject, with special reference to positive law. Outstanding importance will be given to the practical aspects of each subject, so that the student becomes familiar with the application of the various concepts and methodology of private international law. The master classes will be combined with practices, so that the student can apply the knowledge acquired and thus reinforce the theoretical content.
| TRAINING ACTIVITY | COMPETENCES |
|---|---|
| Presentación en el aula de los conceptos y su aplicación práctica | 09 15 |
| Actividades en el aula para el seguimiento de los alumnos (individual y en grupo) | 24 |
| Estudio independiente del alumno | 11 |
| Estudio y trabajo en equipo | 05 07 |
| Tutorías | 11 |
Evaluation systems and criteria
In person
Assessment system
The final grade for the course will consist of:
(i) the grade obtained in the final exam, which will account for 50%, provided that a minimum grade of 4 is achieved.
(ii) the grade obtained in the midterm exam, which will account for 40%, provided that it is passed with a minimum grade of 5.
(iii) the continuous assessment grade, which will account for 10% and will be carried out through in-person tests in class using the Kahoot system. During the course, 5 Kahoot sessions will be held, worth 0.2 points each, provided that the class as a whole passes the test. In order for the Kahoot result to be added to the individual final grade, participation in at least 4 of the 5 sessions will be required.
It is essential to obtain at least a grade of 4 in the final exam in order to pass the course. Otherwise, that is, if the final exam grade is below 4, neither the continuous assessment nor the midterm exam grade will be taken into account.
The final exam will consist of a single test.
Continuous assessment will consist of participation in and passing the Kahoot tests.
An in-person exempting midterm exam will be held, which will account for 40%, provided that it is passed with a minimum grade of 5.
In the second-sitting exam in July, neither the continuous assessment nor the midterm exam will be taken into account.
The professor will always be available to answer questions and hold tutorials. Students are kindly asked to contact the professor by email or at the end of the theoretical classes.
Bibliography and resources
- Alfonso-Luis Calvo Caravaca / Javier Carrascosa González, (dir.) Derecho Internacional Privado, vol. I y II, Comares, Granada (última edición).
- José Carlos Fernández Rozas / Sixto Sánchez Lorenzo. Derecho internacional privado. Thomson Reuters. Civitas (última edición).
- Carlos Esplugues Mota / José Luis Iglesias Buhigues. Derecho Internacional Privado. Tirant lo Blanch (6ª edición).
- Legislación básica de Derecho internacional privado (Tecnos, o cualquier otra editorial).