Tutorial 2 - Family Law in Private International Law: Divorce
Task 3 - Theory: different types of conflict rules
1. Unilateral conflict rules. In contrast to bilateral conflict rules, unilateral conflict rules
designate normally merely the scope of application of the lex fori. Some unilateral conflict
rules are comprehensive in the sense that they leave no space at all for foreign law. Other
unilateral conflict rules may leave some space for foreign law. Focuses on one legal system
designates internal law.
2. Uniform conflict rules are harmonized conflict rules by the Member States of the EU.
3. Substantive rules of private international law are those substantive norms whose content
is only relevant to international situations. They contain criteria delimiting their applicability
and these criteria are not seen as relevant for the conflict of laws process. Substantive
conflict rule removes the conflict which means that you get an answer to which court is
competent. Art23. Substantive norm -> answer to question. Substantive conflict rule
contrains substantive norm. IF you satisfy a substantive conflict rule you know the
designated jurisdiction.
4. Multi- and Bilateral conflict rules. Multilateral conflict rules specify what substantive law is
to be applied to its respective case. It views domestic law and foreign law as fully equal, and
in no way indicates that foreign law should be considered merely as just a fact.
5. International uniform law (substantive rules) is the attainment of legal certainty via well-
balanced subsidiary rules made for international relations and the avoidance of weak legal
relationships. Law that is substantively the same. Vienna convention of sales although
conflicts rules are still present. Substantive rule of PIL (for example art. 14 Hague Protocol
on Maintenance) establishes a substantive norm. It doesn’t attribute a certain law but it
establishes a substantive rule itself.
6. Attributive rules. Von Savigny introduced the so-called multilateral conflict rules. These
are rules which attribute an international case to the applicable law irrespective whether this
is domestic or foreign law. Therefore these rules are also known as attributive rules.
(verwijzingsregels). They are the rules that determine which law to apply to an international
case, so for example the rules that we used in tutorial 1 are attributive rules, but also
substantive rules are attributive rules.
7. Public policy is a concept which is specifically articulated in the EU Treaty. In
particular it allows restrictions of the fundamental freedoms. According to European primary
legislation, restrictions of the free movement of good, services and the freedom of
establishment can be justified on grounds of public policy (art. 36 TFEU)
Task 4 - Case: ‘a matrimonio rotto’
Brussels II Bis Regulation - Rome III Regulation - Hague Protocol on Maintenance
1. The court(s) of which country/ies in the European Union will have international jurisdiction
to hear the divorce claim?
Task 3 - Theory: different types of conflict rules
1. Unilateral conflict rules. In contrast to bilateral conflict rules, unilateral conflict rules
designate normally merely the scope of application of the lex fori. Some unilateral conflict
rules are comprehensive in the sense that they leave no space at all for foreign law. Other
unilateral conflict rules may leave some space for foreign law. Focuses on one legal system
designates internal law.
2. Uniform conflict rules are harmonized conflict rules by the Member States of the EU.
3. Substantive rules of private international law are those substantive norms whose content
is only relevant to international situations. They contain criteria delimiting their applicability
and these criteria are not seen as relevant for the conflict of laws process. Substantive
conflict rule removes the conflict which means that you get an answer to which court is
competent. Art23. Substantive norm -> answer to question. Substantive conflict rule
contrains substantive norm. IF you satisfy a substantive conflict rule you know the
designated jurisdiction.
4. Multi- and Bilateral conflict rules. Multilateral conflict rules specify what substantive law is
to be applied to its respective case. It views domestic law and foreign law as fully equal, and
in no way indicates that foreign law should be considered merely as just a fact.
5. International uniform law (substantive rules) is the attainment of legal certainty via well-
balanced subsidiary rules made for international relations and the avoidance of weak legal
relationships. Law that is substantively the same. Vienna convention of sales although
conflicts rules are still present. Substantive rule of PIL (for example art. 14 Hague Protocol
on Maintenance) establishes a substantive norm. It doesn’t attribute a certain law but it
establishes a substantive rule itself.
6. Attributive rules. Von Savigny introduced the so-called multilateral conflict rules. These
are rules which attribute an international case to the applicable law irrespective whether this
is domestic or foreign law. Therefore these rules are also known as attributive rules.
(verwijzingsregels). They are the rules that determine which law to apply to an international
case, so for example the rules that we used in tutorial 1 are attributive rules, but also
substantive rules are attributive rules.
7. Public policy is a concept which is specifically articulated in the EU Treaty. In
particular it allows restrictions of the fundamental freedoms. According to European primary
legislation, restrictions of the free movement of good, services and the freedom of
establishment can be justified on grounds of public policy (art. 36 TFEU)
Task 4 - Case: ‘a matrimonio rotto’
Brussels II Bis Regulation - Rome III Regulation - Hague Protocol on Maintenance
1. The court(s) of which country/ies in the European Union will have international jurisdiction
to hear the divorce claim?
