LJU4804 Assignment 2 (Law of Evidence) EXAM STUDY
GUIDE 2025/2026 QUESTIONS BANK AND CORRECT
DETAILED ANSWERS WITH RATIONALES || PASS
GUARANTEED <NEW VERSION>
Sources of private international law
- domestic (national)
- international
Sources in domestic law
- national legislation
- case law (court decisions)
- custom
- general principle of law
Sources of international law
- international treaties and conventions (multilateral or bilateral)
- derived law from international orgs (EU or Hague conference)
- model laws or soft laws (model laws, principles, non- binding guides)
Is PIL a national or international issue?
,national
Which rule gives the State exclusive authority over PIL?
Article 149.1.8 of the Spanish Constitution
Where do we find PIL rules in Spain?
- Preliminary Title of the Civil Code (Articles 9 to 12)
- LOPJ (Organic Law on the Judiciary): regulates international jurisdiction
(Articles 21-25)
- International treaties ratified by Spain
- Case law from the Supreme Court and legal doctrine
What is the hierarchy of Spanish law?
1. Spanish Constitution (CE)
2. European Union Law (once adopted)
3. International treaties
4. Organic and ordinary laws
5. Decrees and regulations
6. Custom and general principles of law
What relevance does EU law have in PIL?
A lot! the EU has legislative powers over PIL.
Since when does the EU have legislative powers over PIL?
Since the treaty of Amsterdam (1997) and under the TFEU
, What is the current legal basis of EU PIL?
- Art. 81 TFEU: allows judicial cooperation in civil matters (jurisdiction, applicable law,
recognition of judgments)
- Art. 67.4 TFEU: reinforces mutual recognition of court decisions across the EU
Which secondary (regulatory) instruments are key?
- Brussels I bis Regulation (1215/2012): Jurisdiction and recognition of civil/commercial
judgments
- Rome I Regulation (593/2008): Law applicable to contracts
- Rome II Regulation (864/2007): Law applicable to non-contractual obligations
- Rome III Regulation (1259/2010): Law applicable to divorce and separation
- Succession Regulation (650/2012) (also known as Rome IV or Brussels IV): Law applicable to
cross-border successions + European Certificate of Succession
- Insolvency Regulation (848/2015) and Brussels II ter (2019/1111) on family and children
What international treaties has Spain signed?
- 1980 Vienna Convention on the International Sale of Goods (CISG)
- CMR Convention on international road transport of goods
- Conventions from The Hague Conference (e.g., child abduction, successions,
child protection...)
What if there's no EU rule or bilateral treaty?
In that case, Spanish national law applies, always following this hierarchy:
1. EU Law
GUIDE 2025/2026 QUESTIONS BANK AND CORRECT
DETAILED ANSWERS WITH RATIONALES || PASS
GUARANTEED <NEW VERSION>
Sources of private international law
- domestic (national)
- international
Sources in domestic law
- national legislation
- case law (court decisions)
- custom
- general principle of law
Sources of international law
- international treaties and conventions (multilateral or bilateral)
- derived law from international orgs (EU or Hague conference)
- model laws or soft laws (model laws, principles, non- binding guides)
Is PIL a national or international issue?
,national
Which rule gives the State exclusive authority over PIL?
Article 149.1.8 of the Spanish Constitution
Where do we find PIL rules in Spain?
- Preliminary Title of the Civil Code (Articles 9 to 12)
- LOPJ (Organic Law on the Judiciary): regulates international jurisdiction
(Articles 21-25)
- International treaties ratified by Spain
- Case law from the Supreme Court and legal doctrine
What is the hierarchy of Spanish law?
1. Spanish Constitution (CE)
2. European Union Law (once adopted)
3. International treaties
4. Organic and ordinary laws
5. Decrees and regulations
6. Custom and general principles of law
What relevance does EU law have in PIL?
A lot! the EU has legislative powers over PIL.
Since when does the EU have legislative powers over PIL?
Since the treaty of Amsterdam (1997) and under the TFEU
, What is the current legal basis of EU PIL?
- Art. 81 TFEU: allows judicial cooperation in civil matters (jurisdiction, applicable law,
recognition of judgments)
- Art. 67.4 TFEU: reinforces mutual recognition of court decisions across the EU
Which secondary (regulatory) instruments are key?
- Brussels I bis Regulation (1215/2012): Jurisdiction and recognition of civil/commercial
judgments
- Rome I Regulation (593/2008): Law applicable to contracts
- Rome II Regulation (864/2007): Law applicable to non-contractual obligations
- Rome III Regulation (1259/2010): Law applicable to divorce and separation
- Succession Regulation (650/2012) (also known as Rome IV or Brussels IV): Law applicable to
cross-border successions + European Certificate of Succession
- Insolvency Regulation (848/2015) and Brussels II ter (2019/1111) on family and children
What international treaties has Spain signed?
- 1980 Vienna Convention on the International Sale of Goods (CISG)
- CMR Convention on international road transport of goods
- Conventions from The Hague Conference (e.g., child abduction, successions,
child protection...)
What if there's no EU rule or bilateral treaty?
In that case, Spanish national law applies, always following this hierarchy:
1. EU Law
