Last modified: 27 Jul 2020 12:25
The course introduces the student to the way in which foreign legal issues affect the domestic litigation and legal practice of selected issues of private law. We examine issues such as establishing and defending jurisdiction, deciding what law should be applied to a given matter, and how to enforce or otherwise use any resulting judgment or settlement across borders in other legal systems. We will look at how Scotland, England & Wales and the EU use private international law to address these issues.
This is an exempting course for the Faculty of Advocates exam on private international law.
|Session||Second Sub Session||Credit Points||15 credits (7.5 ECTS credits)|
The course balances selected matters of jurisdiction, choice of law and recognition and enforcement issues, insofar as they relate to contract and delict obligations. The course will consider:
• The role of Private International Law in the Scottish, English and EU Legal Systems;
• When does a court have Jurisdiction in "Civil and Commercial Matters" (focus on Contract and Delict cases);
• How to decide what is the applicable law for contractual obligations;
• How to decide what is the applicable law for delictual obligations;
• How to use the judgment / settlement across national borders by means of its recognition and enforcement
• We will examine international conventions
• We will examine family law issues.
Information on contact teaching time is available from the course guide.
2x multiple choice exam 25% each
1500 word essay 50%
Resit: resubmission of failed element
There are no assessments for this course.
|Knowledge Level||Thinking Skill||Outcome|