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.
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. At the end of the semester, 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.