1. General information
Course:
PRIVATE INTERNATIONAL LAW
Code:
35321
Type:
CORE COURSE
ECTS credits:
6
Degree:
334 - UNDERGRADUATE DEGREE PROGRAMME IN LAW
Academic year:
2022-23
Center:
3 - FACULTY OF LAW OF ALBACETE
Group(s):
10
16
Year:
3
Duration:
C2
Main language:
Spanish
Second language:
Use of additional languages:
English Friendly:
Y
Web site:
Bilingual:
N
Lecturer:
ENRIQUE FERNANDEZ MASIA
- Group(s):
10
16
Building/Office
Department
Phone number
Email
Office hours
D.3.16
DERECHO CIVIL E INTERNACIONAL PRIVADO
2152
enrique.fdez@uclm.es
Monday:8,30-10,30
Tuesday:10,30-12,30
Thursday:8,30-10,30
2. Pre-Requisites
It is recommended to have studied Procedural Law I, Civil Law I, II, III and Commercial Law I
3. Justification in the curriculum, relation to other subjects and to the profession
Private international law deals with the legal response to the relations of international private life, from the triple perspective of the competence of the courts, applicable law and recognition and execution of foreign decisions. It concerns a reality of growing importance for our country, immersed in everything type of international exchanges that leave a mark on its social, political and economic structure.
4. Degree competences achieved in this course
| Course competences | |
|---|---|
| Code | Description |
| E01 | To become aware of the importance of law as a regulator of social relations. |
| E04 | Ability to search, identify and use legal sources (legal, jurisprudential and doctrinal). |
| E07 | To critically analyze the legal system that allows the identification of the social values underlying the legal norms and principles. |
| E08 | Work on dialogue, debate, argumentation and the proposal of reasonable solutions in different contexts. |
| E10 | Aptitude for negotiation, conciliation, mediation and conflict resolution from a legal perspective. |
| G03 | A correct oral and written communication. |
| G09 | Develop critical and self-critical thinking. |
| G11 | Acquire the ability to organize and plan professional activity. |
| G12 | Working in an international context. |
| G13 | Recognize diversity and multiculturalism, and acquire knowledge of other cultures. |
| G14 | Ability to apply knowledge to practice. |
| G15 | Ability to locate, select, process and manage information. |
5. Objectives or Learning Outcomes
| Course learning outcomes | |
|---|---|
| Description | |
| To recognise the sources and situations of private international law for the resolution and analysis of cases. | |
| To resolve problems arising in the implementation of the various rules of the system of private international law. | |
| To identify and understand international private situations. | |
| Additional outcomes | |
| Not established. |
6. Units / Contents
-
Unit 1: INTRODUCTION
-
Unit 2: OBJECT AND CONTENT OF PIL
-
Unit 3: CONVENTIONAL, EUROPEAN AND STATE PIL
-
Unit 4: INTERNATIONAL JURISDICTION
-
Unit 5: SCOPE AND FUNCTIONING
-
Unit 6: REGULATIONS INTERNATIONAL JURISDICTION
-
Unit 7: RECOGNITION AND EXECUTION
-
Unit 8: APPLICABLE LAW
-
Unit 9: PERSON AND PERSONAL LAW
-
Unit 10: FAMILY LAW
-
Unit 11: MINORS PROTECTION
-
Unit 12: WILLS
-
Unit 13: REAL PROPERTY
-
Unit 14: CONTRACTS
-
Unit 15: TORTS
ADDITIONAL COMMENTS, REMARKS
The syllabus basically coincides with the index of the manuals recommended with a basic character for the subject, to which we refer the student for the study of the corresponding topics, following the indications that may be published on the course's moodle platform.
7. Activities, Units/Modules and Methodology
| Training Activity | Methodology | Related Competences (only degrees before RD 822/2021) | ECTS | Hours | As | Com | Description | |
| Class Attendance (theory) [ON-SITE] | Lectures | 1.12 | 28 | Y | N | Master classes, in which the general features of the institutions that make up private international law will be exposed | ||
| Problem solving and/or case studies [ON-SITE] | Combination of methods | 0.6 | 15 | Y | N | Practical cases previously entrusted to students as autonomous work will be solved. The methodology may consist either in learning based on the study of real cases appropriate to the assumption, or in the simulation of judicial processes with pre-assigned roles, or in the use of judicial, notarial or application registration documents. In the practical classes there will be a split. | ||
| Study and Exam Preparation [OFF-SITE] | 3.3 | 82.5 | N | N | Hours of personal study estimated for an adequate assimilation of the contents of the subject, without counting the hours dedicated to other activities foreseen in this section of the guide | |||
| Final test [ON-SITE] | 0.08 | 2 | Y | Y | Final test to assess the knowledge and skills acquired | |||
| Writing of reports or projects [OFF-SITE] | Project/Problem Based Learning (PBL) | 0.52 | 13 | Y | N | The students must carry out, outside of school hours and with the help of the recommended material, two practical cases of an evaluable nature that they will present to the teacher before their comment and resolution in class | ||
| Other off-site activity [OFF-SITE] | 0.38 | 9.5 | Y | N | Other training activities consisting of the search for jurisprudence in legal databases and subsequent review and systematization of solutions | |||
| Total: | 6 | 150 | ||||||
| Total credits of in-class work: 1.8 | Total class time hours: 45 | |||||||
| Total credits of out of class work: 4.2 | Total hours of out of class work: 105 | |||||||
As: Assessable training activity Com: Training activity of compulsory overcoming (It will be essential to overcome both continuous and non-continuous assessment).
8. Evaluation criteria and Grading System
| Evaluation System | Continuous assessment | Non-continuous evaluation * | Description |
| Assessment of problem solving and/or case studies | 20.00% | 0.00% | Students who regularly attend class will be able to take a practical test in which the assimilation of the subject. In Moodle the date of its realization. Those students whose class attendance is not regular, will take this test together with the final theoretical test set in the academic calendar |
| Final test | 70.00% | 100.00% | Students who, based on their continued attendance, have maintained within the system of "continuous evaluation" they will take an exam that will have a weight of 70% of the grade final. For the final test to average with the test of "problem solving" will be an essential requirement obtain a minimum grade of 2,8 (out of 7) in the final test. The students who have not attended class regularly and for both have been excluded from continuous evaluation, and those who, despite said assistance, have not passed the "Troubleshooting" test will perform a single final test that will consist of two parts: 1) theoretical test, which it will have a weight of 70% in the final grade; 2) proof of assimilation of a practical nature, which will have a weight of 30% on the final note |
| Assessment of active participation | 10.00% | 0.00% | Basically those students who, in class, will be valued theoretical, and especially in practice, are characterized by their participation and involvement in them. Those students who cannot attend class regularly, They will be able to complete this percentage of the grade through the practical test included in the final test. |
| Total: | 100.00% | 100.00% |
According to art. 4 of the UCLM Student Evaluation Regulations, it must be provided to students who cannot regularly attend face-to-face training activities the passing of the subject, having the right (art. 12.2) to be globally graded, in 2 annual calls per subject , an ordinary and an extraordinary one (evaluating 100% of the competences).
Evaluation criteria for the final exam:
-
Continuous assessment:On the content of the practical assumptions analyzed in class, three problem-solving tests will be carried out, the evaluation of which will have a weight
20% in the final grade. Students who do not present all the practices in the established conditions, do so in an unsatisfactory way or
Failure to pass the "problem solving" test will be able to opt for the global final exam, with a theoretical part and a practical part. Via
Virtual Campus will indicate in a timely manner which students are in this situation -
Non-continuous evaluation:In this case, the students will take a global final exam.
Specifications for the resit/retake exam:
The same as in the case of the ordinary evaluation.
Specifications for the second resit / retake exam:
The same as in the cases of ordinary and extraordinary evaluations.
9. Assignments, course calendar and important dates
| Not related to the syllabus/contents | |
|---|---|
| Hours | hours |
| Unit 1 (de 15): INTRODUCTION | |
|---|---|
| Teaching period: 1 week |
| Unit 2 (de 15): OBJECT AND CONTENT OF PIL | |
|---|---|
| Teaching period: 1 week |
| Unit 3 (de 15): CONVENTIONAL, EUROPEAN AND STATE PIL | |
|---|---|
| Teaching period: 1 week |
| Unit 4 (de 15): INTERNATIONAL JURISDICTION | |
|---|---|
| Teaching period: 1 week |
| Unit 5 (de 15): SCOPE AND FUNCTIONING | |
|---|---|
| Teaching period: 1 week |
| Unit 6 (de 15): REGULATIONS INTERNATIONAL JURISDICTION | |
|---|---|
| Teaching period: 2 weeks |
| Unit 7 (de 15): RECOGNITION AND EXECUTION | |
|---|---|
| Teaching period: 1 week |
| Unit 8 (de 15): APPLICABLE LAW | |
|---|---|
| Teaching period: 2 weeks |
| Unit 9 (de 15): PERSON AND PERSONAL LAW | |
|---|---|
| Teaching period: 1 week |
| Unit 10 (de 15): FAMILY LAW | |
|---|---|
| Teaching period: 1 week |
| Unit 11 (de 15): MINORS PROTECTION | |
|---|---|
| Teaching period: 1 week |
| Unit 12 (de 15): WILLS | |
|---|---|
| Teaching period: 1 week |
| Unit 13 (de 15): REAL PROPERTY | |
|---|---|
| Teaching period: 1 week |
| Unit 14 (de 15): CONTRACTS | |
|---|---|
| Teaching period: 1 week |
| Unit 15 (de 15): TORTS | |
|---|---|
| Teaching period: 1 week |
| General comments about the planning: | In any case, this temporary planning may be subject to variations as a result of supervening circumstances; although, any change will always be timely communicated through Moodle. |
10. Bibliography and Sources