Course Description
I - 1. On the dogmatic object of Private International Law structure (types of) private international relations.
2. The debate on method: comparison between the American methodological perspective on PIL and the classical European approach.
3. General interests or regulation values.
4. General theory of the conflict rule and determination of its functional limits
4.0. Structure and function of the conflict rule in PIL,
4.1. Classification
4.2. Renvoi (remission/transmission).
4.3. The principle of ‘’vested rights’’,
5. The eviction of foreign law: the undetermined general clause of public policy (''ordre public').
6. The 'fraus legis' in Private International Law, Recognition of foreign sentences.
II - 1. The specific relevance of personal law in Private international Law.
2. The historical evolution of Private International Law and the progressive autonomy of the problems on the determination of personal law.
3. General interests of PIL and its projection on the co
Intended Learning Outcomes
CILO-1: This subject aims to let students know which law shall be applicable by the judge, particularly after undergoing through an important task named 'classification'. Students will be able to understand the 'renvoi' system and its interpretation, as well those situations solved under the vested rights principle. Students will know how to deal with a conflict rule and which steps a lex fori judge has to take in order to identify the law that shall be applicable to solve the problem. On another hand, students will deeply understand the specific conflict rules found in our Civil Code, namely those related to personal statute, marriage and divorce, contracts, succession law, among others, as well as to discuss the public policy or previous question, which are of a huge relevance. At the end of this course, students will be able not only to identify which conflict rule shall be applicable by the judge, but also which consequence shall be put in practice to solve the problem he/she has in hands.