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Syllabus 2020-21 - 11212009 - Private International Law (Derecho internacional privado)

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  • Level 1: Tutorial support sessions, materials and exams in this language
  • Level 2: Tutorial support sessions, materials, exams and seminars in this language
  • Level 3: Tutorial support sessions, materials, exams, seminars and regular lectures in this language
DEGREE: Grado en Derecho
FACULTY: FACULTY OF LAW AND SOCIAL SCIENCES
ACADEMIC YEAR: 2020-21
COURSE: Private International Law
SYLLABUS
1. COURSE BASIC INFORMATION
NAME: Private International Law
CODE: 11212009 ACADEMIC YEAR: 2020-21
LANGUAGE: English LEVEL: 1
ECTS CREDITS: 9.5 YEAR: 3 SEMESTER: SC
2. LECTURER BASIC INFORMATION
NAME: ESTEBAN DE LA ROSA, GLORIA
DEPARTMENT: U138 - DERECHO PÚBLICO Y D. PRIVADO ESPECIAL
FIELD OF STUDY: 155 - DERECHO INTERNACIONAL PRIVADO
OFFICE NO.: D3 - 249 E-MAIL: gesteban@ujaen.es P: 953212118
WEBSITE: www.derechointernacional privado.es
ORCID: https://orcid.org/0000-0003-1699-7493
LANGUAGE: - LEVEL: 1
3. CONTENT DESCRIPTION

PROGRAM OF PRIVATE INTERNATIONAL LAW

Lesson 1 Object, concept and content of PIL. Presuppositions: plurality of legal systems and international private relationships. Evolution of the object of PIL. Accuracy of the concept of PIL. Delimitation of its content: conceptions in presence and issues included. The internal dimension of the PIL system: plurilegislative states. 1 conceptions in presence and issues included. The internal dimension of the PIL system: plurilegislative states. The Spain as a plurilegislative State.

Lesson 2 Sources of rules for PIL. Internal sources: importance of the 1978 Constitution. International sources: the different kinds of international treaties. The work of the Hague Conference on Private International Law. Lex mercatoria. Private international law and European Union law: primary legislation. Secondary legislation.

Lesson 3 International jurisdiction (I). Sources of rules for international jurisdiction: domestic law, international treaties and European Union law. Regulation 1215/2012: Matters includes. Application in time. The role of the defendant's domicile. The special grounds of jurisdiction. The exclusive grounds of jurisdiction. Autonomy of the parties. Tacit submission Grounds of jurisdiction in favour of weak parties. Interim measures. Lis pendens and connected actions. Examination of the jurisdiction ex officio. Examination of the jurisdiction ex parte. Regulation 2201/2003: rules of jurisdiction regarding nullity of marriage, separation and divorce. Rules of jurisdiction in matters related to parental responsibility. Other issues related with jurisdiction.

Lesson 4 International jurisdiction (II). Spanish domestic law: Organic Law on the Judiciary: structure and content. State immunities from jurisdiction and from measures of constraint. International Jurisdiction: structure and grounds of jurisdiction. Derogatio fori.- Ex officioverification of international jurisdiction. Ex parte verification of international jurisdiction: the declinatory plea. International lis pendens and connected actions. Law 29/2015, of July 30, on International Legal Cooperation.

Lesson 5 Regulatory techniques in the field of applicable law. - The fundamental distinction between direct and indirect techniques. Indirect techniques: conflicts rules: object, structure and function. Unilateral and bilateral conflicts rules. Evolution of the conflictual technique. Direct techniques: substantial rules and mandatory rules ( lois de police).

 Lesson 6 Application of conflicts rules. Characterisation and the conflict of characterizations. Renvoi. Preliminary question. Conflicts rules and plurilegislative States: conventional and domestic regulations. Mobile conflict. Exceptions to the application of foreign law: Public policy exception. Law evasion.

Lesson 7 The rules of conflict of laws regarding contractual and non-contractual obligations. The rules of conflict of laws regarding contracts: Regulation 593/2008, of June 17, 2008, on the law applicable to contractual obligations. Its scope. Choice of law. Applicable law in the absence of choice. Legal capacity and regulation of the form of the contract. Specific contracts: special consideration of the consumer contract and the employment contracts.Mandatory rules. The rules of conflict of laws regarding non-contractual obligations: Regulation 864/2007, of July 11, 2007. Domestic Law. International conventions.

Lesson 8 Application of foreign law by the courts.- Mandatory nature of the conflicts rules and procedural treatment of foreign law. Allegation of foreign law. The proof of foreign law. The participation of the judge in the allegation and proof of foreign law. International conventions aimed to facilitate information on foreign law. Application of foreign law by non-judicial authorities.

Lesson 9 Recognition and enforcement of foreign decisions (I). Scope of the regulation of the recognition and execution of decisions: decisions susceptible of execution. Effects of recognition. Conditions of recognition. Procedures for recognition and declaration of enforceability (exequatur). Recognition and declaration of 2 Procedures for recognition and declaration of enforceability (exequatur). Recognition and declaration of enforceability in Regulation 1215/2012: recognition conditions. Automatic recognition and incidental recognition. Declaration of recognition. The procedure for declaring the enforceability of foreign decisions in Regulation 1215/2012. Recognition and declaration of enforceability in Regulation 2201/2003. The recognition and execution of decisions regarding maintenance obligations: Regulation 4/2009. Suppression of exequatur procedures in the European Union: the European enforcement order for uncontested claims (Regulation 805/2004). Decisions on rights to access and return of children (Regulation 2201/2003). The European order for payment procedure (Regulation 1896/2006). The European Small Claims Procedure (Regulation 861/2007).

Lesson 10 Recognition and execution of foreign decisions(II). The domestic Spanish law on recognition and enforcement of foreign decisions. Recognition conditions: reciprocity and system of conditions. Recognition procedure: the exequatur. Recognition and enforcement in international conventions: scope of application of the conventions. Relationship between the conventions and the domestic law and between the different conventions.

Lesson 11 International judicial cooperation in civil matters. International notification: notification procedures. The Hague Conventions of 1954 and 1965. Regulation 1397/2007, of November 13, 2007. The Spanish domestic law, Act 29/2015 of July 30. Cooperation in the taking of evidence abroad: the Hague Conventions of 1954 and 1970. Regulation 1206/2001, of May 28, 2001. Free legal aid in cross-border litigation: special reference to Act 6/2005, of 18 of July.

4. COURSE DESCRIPTION AND TEACHING METHODOLOGY

Methodology and activities


Formation activities

Teaching methodology Description

 


1 specialized seminar

Development of 1 specialized seminar on the field of teaching-learning methodologies of private international law

 

28 Theory sessions on the contents of the program 28 sessions of participatory master classes, lasting two hours each, held in the classroom and broadcast by videoconference to the rest of the group. Periodic rotation of students

 

14 Problem solving sessions / exercises 14 face-to-face sessions (small groups of 50%, retransmission and student rotation), lasting two hours each. The resolution of problems and exercises favors the capacity of analysis and synthesis by solving small group projects

 


Tutoring

Some tutoring sessions will be done in person and others online (synchronous and asynchronous))

 

Students with special educational needs should contact the Student Attention Service (Servicio de Atención y Ayudas al Estudiante) in order to receive the appropriate academic support

5. ASSESSMENT METHODOLOGY

Assessment system


Assessment test


Format (face-to-face / online synchronous or asynchronous)

Description


Percentage

Attendance and / or participation in face-to-face and / or virtual activities

 


In person and / or online through videoconference and / or training programs (Learning Module)

They are sent to the teacher and / or online test (simple answer, multiple choice and / or short questions)

25%

Theoretical concepts of the subject

 

On line

online test (simple answer, multiple choice and / or short questions).

 

25%

Completion of work, cases, exercises

On line


Preparation of materials, documents, glossaries and delivery through the submission of exercises.

25%

Use of ICT tools

On line

Use, among others, of the resources available on the Teaching Portal of Private International Law (www.derechointernacionalprivado.es) and sending the exercise through the UJA Platform.

25%

 

6. BOOKLIST
MAIN BOOKLIST:
  • Efficiency in private international law. Edition: -. Author: Kono, Toshiyuki. Publisher: [The Hague] : Hague Academy of International Law, 2014.
    • Notes: Libro PATIE
     (Library)
  • EU private international law: an EC Court casebook. Edition: -. Author: Bogdan, Michael. Publisher: Groningen : Europa Law Publishing, 2006.
    • Notes: Libro PATIE
     (Library)
7. VIRTUAL / CLASSROOM TEACHING SCENARIO

A) Methodology and activities

 


Formation activities


Format (classroom / online)

Teaching methodology Description

 


1 specialized se

minar

On line

Development of 1 specialized seminar on the field of teaching-learning methodologies of private international law

 

28 Theory sessions on the contents of the program


In-person at 50%

28 sessions of participatory master classes, lasting two hours each, held in the classroom and broadcast by videoconference to the rest of the group. Periodic rotation of students

 

14 Problem solving sessions / exercises


In-person at 50%

14 face-to-face sessions (small groups of 50%, retransmission and student rotation), lasting two hours each. The resolution of problems and exercises favors the capacity of analysis and synthesis by solving small group projects

 


Tutoring

In person + Online

Some tutoring sessions will be done in person and others online (synchronous and asynchronous))

 

Assessment system

Ordinary call


Assessment test


Format (face-to-face / online synchronous or asynchronous)

Description


Percentage

Attendance and / or participation in face-to-face and / or virtual activities

 


In person and / or online through videoconference and / or training programs (Learning Module)

They are sent to the teacher and / or online test (simple answer, multiple choice and / or short questions)

25%

Theoretical concepts of the subject

 

On line

test on line (preguntas de respuesta simple, opción múltiple y/o preguntas cortas). online test (simple answer, multiple choice and / or short questions).

 

25%

Completion of work, cases, exercises

On line

Preparation of materials, documents, glossaries and delivery through the submission of exercises.

25%

Use of ICT tools

On line

Use, among others, of the resources available on the Teaching Portal of Private International Law (www.derechointernacionalprivado.es) and sending the exercise through the UJA Platform.

25%

 


Extraordinary call


Assessment test


Format (face-to-face / online synchronous or asynchronous)

Description


Percentage

Attendance and / or participation in face-to-face and / or virtual activities

 


In person and / or online through videoconference and / or training programs (Learning Module)

They are sent to the teacher and / or online test (simple answer, multiple choice and / or short questions)

25%

  Theoretical concepts of the subject

 

On line

  online test (simple answer, multiple choice and / or short questions).

 

25%

Completion of work, cases, exercises

On line

Preparation of materials, documents, glossaries and delivery through the submission of exercises.

25%

Use of ICT tools

On line

Use, among others, of the resources available on the Teaching Portal of Private International Law (www.derechointernacionalprivado.es) and sending the exercise through the UJA Platform.

25%

 

8. VIRTUAL TEACHING SCENARIO

A) Methodology and activities

Formation activities

Format (classroom / online)

Teaching methodology Description

 

1 specialized seminar

On line

Development of 1 specialized seminar on the field of teaching-learning methodologies of private international law

28 Theory sessions on the contents of the program

On line

28 sessions of participatory master classes, lasting one hour each, held in the classroom and broadcast by videoconference to the rest of the group. Periodic rotation of students

14 Problem solving sessions / exercises

On line

14 sessions (one hour) on line

Tutoring

On line

tutoring sessions online (synchronous and asynchronous))

 

Assessment system

Ordinary call


Assessment test


Format (face-to-face / online synchronous or asynchronous)

Description


Percentage

Attendance and / or participation in face-to-face and / or virtual activities

 


In person and / or online through videoconference and / or training programs (Learning Module)

They are sent to the teacher and / or online test (simple answer, multiple choice and / or short questions)

25%

Theoretical concepts of the subject

 

On line

  online test (simple answer, multiple choice and / or short questions).

 

25%

Completion of work, cases, exercises

On line

Preparation of materials, documents, glossaries and delivery through the submission of exercises.

25%


Use of ICT tools

On line

Use, among others, of the resources available on the Teaching Portal of Private International Law (www.derechointernacionalprivado.es) and sending the exercise through the UJA Platform.

25%

 Extraordinary call


Assessment test


Format (face-to-face / online synchronous or asynchronous)

Description


Percentage

Attendance and / or participation in face-to-face and / or virtual activities

 


In person and / or online through videoconference and / or training programs (Learning Module)

They are sent to the teacher and / or online test (simple answer, multiple choice and / or short questions)

25%

Theoretical concepts of the subject

 

On line

online test (simple answer, multiple choice and / or short questions).

 

25%


Completion of work, cases, exercises

On line

Preparation of materials, documents, glossaries and delivery through the submission of exercises.

25%


Use of ICT tools

On line

Use, among others, of the resources available on the Teaching Portal of Private International Law (www.derechointernacionalprivado.es) and sending the exercise through the UJA Platform.

25%

 

DATA PROTECTION CLAUSE (on line exams)

Institution in charge of data processing: Universidad de Jaén, Campus Las Lagunillas, s/n, 23071 Jaén

Data Protection Delegate: dpo@ujaen.es

Purpose: In accordance with the Universities Law and other national and regional regulations in force, carrying out exams and assessment tests corresponding to the courses students are registered in. In order to avoid frauds while sitting the exam, the exam will be answered using a videoconference system, being able the academic staff of the University of Jaén to compare and contrast the image of the person who is answering the exam with the student's photographic files. Likewise, in order to provide the exam with evidential content for revisions or claims, in accordance with current regulation frameworks, the exam will be recorded and stored.

Legitimacy: compliance with legal obligations (Universities Law) and other national and regional regulations currently in force.

Addressees: service providers who are the owners of the platforms where the exams are carried out and with whom the University of Jaén has signed the corresponding data access contracts.

Storage periods: those established in current in force regulations. In the specific case of exam videoconference recordings, not before the examination records and transcripts are closed or the exam can still be reviewed or challenged.

Rights: you can exercise your right of access, amendment, cancellation, opposition, suppression, limitation and portability by sending a letter to the postal or electronic address indicated above. In the event that you consider that your rights have been violated, you may submit a complaint to the Andalusian Council for Transparency and Data Protection www.ctpdandalucia.es

CLASS RECORDING CLAUSE PERSONAL DATA PROTECTION

Person in charge: Universidad de Jaén, Paraje Las Lagunillas, s/n; Tel.953 212121; www.ujaen.es

Data protection delegate (DPO): TELEFÓNICA, S.A.U. ; Email: dpo@ujaen.es

Procedure aim: To manage proper recordings of teaching sessions with the aim of facilitating learning process under a multimodal and/or online teaching

Period for record storage: Images will be kept during legal term according to regulations in force

Legitimacy: Data will be managed according to legal regulations (Organic Law 6/2001, December 21, on Universities) and given consent provided by selecting corresponding box in legal admission documents

Data recipients (transfers or assignments): Any person allowed to get access to every teaching modality

Rights: You may exercise your rights of access, rectification, cancellation, portability, limitation of processing, deletion or, where appropriate, opposition. To exercise these rights, you must submit a written request to the Information, Registration and Electronic Administration Service of the University of Jaen at the address above, or by e-mail to the address above. You must specify which of these rights you are requesting to be satisfied and, at the same time, you must attach a photocopy of your ID card or equivalent identification document. In case you act through a representative, legal or voluntary, you must also provide a document that proves this representation and identification. Likewise, if you consider that your right to personal data protection has been violated, you may file a complaint with the Andalusian Data Protection and Transparency Council www.ctpdandalucia.es