Lecture 1 - part
Private international law tries to regulate cases that have a crossborder element. In the
United States these conflicts are between states, therefore conflicts of law instead of private
international law. Private international law deals with issues like jurisdiction and the
determination of the applicable law.
The EU uses its competence in private international law intensively by issuing many
regulations which regulate the private international law of the Member States. Therefore it
becomes more of EU private international law.
Private International Law has three pillars:
- International jurisdiction
- Applicable law
- Recognition and enforcement of foreign judgments (what do we do if we are forced
with foreign jugdments?)
International jurisdiction:
The source of the jurisdictional rule is either International/European (convention/treaty,
regulation) or national (codified rule, case law, customary law)
An example is the Brussels I (recast) Regulation.
Applicable law:
The source of rule which determines the applicable law is either International/European or
national. The rule derived from this source is the conflict rule.
Structure/types of conflict rules:
- Unilateral conflict rules (uniform conflict rules in regulations or treaties)
- Multilateral conflict rules -> foreign law or lex fori
- Substantive conflict rules
Multilateral conflict rules raise the question which law is applicable. Foreign law or the lex fori
(domestic law). Von Savigny is the one who came up with the multilateral conflict rules.
We need the legal category + the connecting factor to determine the applicable law. So if we
have the connecting factor in combination with the facts we know which law is applicable.
Connecting factors are either single or composed. Single are for example nationality,
domicile, habitual residence, situs rei (where something is situated) or locus delicti (where a
delict took place). Composed connecting factors are a combination of connecting factors.
Composed connecting factors are either cumulative (and), subsidiary (failing that) or
alternative (or).
Part 2 - History
Ius civile was applicable to Roman citizens and on foreigners ius gentium was applicable.
Later there was the system of personal application of statutes and customs. The law of the
tribe was applicable on the person who was member of that tribe.
Private international law tries to regulate cases that have a crossborder element. In the
United States these conflicts are between states, therefore conflicts of law instead of private
international law. Private international law deals with issues like jurisdiction and the
determination of the applicable law.
The EU uses its competence in private international law intensively by issuing many
regulations which regulate the private international law of the Member States. Therefore it
becomes more of EU private international law.
Private International Law has three pillars:
- International jurisdiction
- Applicable law
- Recognition and enforcement of foreign judgments (what do we do if we are forced
with foreign jugdments?)
International jurisdiction:
The source of the jurisdictional rule is either International/European (convention/treaty,
regulation) or national (codified rule, case law, customary law)
An example is the Brussels I (recast) Regulation.
Applicable law:
The source of rule which determines the applicable law is either International/European or
national. The rule derived from this source is the conflict rule.
Structure/types of conflict rules:
- Unilateral conflict rules (uniform conflict rules in regulations or treaties)
- Multilateral conflict rules -> foreign law or lex fori
- Substantive conflict rules
Multilateral conflict rules raise the question which law is applicable. Foreign law or the lex fori
(domestic law). Von Savigny is the one who came up with the multilateral conflict rules.
We need the legal category + the connecting factor to determine the applicable law. So if we
have the connecting factor in combination with the facts we know which law is applicable.
Connecting factors are either single or composed. Single are for example nationality,
domicile, habitual residence, situs rei (where something is situated) or locus delicti (where a
delict took place). Composed connecting factors are a combination of connecting factors.
Composed connecting factors are either cumulative (and), subsidiary (failing that) or
alternative (or).
Part 2 - History
Ius civile was applicable to Roman citizens and on foreigners ius gentium was applicable.
Later there was the system of personal application of statutes and customs. The law of the
tribe was applicable on the person who was member of that tribe.
