Cursos / 1º Ciclo / Faculty of Law :: Law

DIREITO INTERNACIONAL PRIVADO - 2018/2019

4º curricular year
Semestralidade: 1st semester
ECTS: 6

Teachers

Leading Teacher: Prof. Doutora Ana Raquel Conceição
Assistant Professor: Prof. Doutora Ana Raquel Conceição

Class type and School hours

Teórica : 2 Horas
Prática : 1 Horas
Orientação Tutorial : 1 Horas

Teaching Language

Portuguese

Main Aims/Objectives

Know the general principles underlying the Private International Law and the methods of determining the law applicable to international private situations.
Knowing the Portuguese conflictual system and its main institutions.
Knowing the importance of DIP in the current context of internationalization of the Portuguese economy.

Specific Aims/Objectives

Knowing the historical roots of the Portuguese DIP. The structure and operation of the conflict of laws rule in space. The determination of the applicable law and the importance of qualifications in Portuguese conflictual system. The values ​​of DIP in drawing up the rules of conflict of laws in space and the application of foreign substantive law.
Knowing the main instrument to standardize the criteria conflict of laws in the area in respect of contractual obligations

Skills to be acquired

Learn to identify a DIP situation. Determine the law applicable to that situation by applying the Portuguese conflictual system. Knowing how to operate the institutes of qualification and reference. Learn the skills to resolve conflicts through general principles of DIP Learn to use the uniformed legal instruments on conflicts of laws, particularly the Rome I Regulation

Teaching Procedures

In the theoretical classes will be aplyed the descriptive method of "case study" . Practical classes to solve real life situations , where tthe sutdents can apply theoretical knowledge acquired . In class tutorial guidance students will be asked to develop activities that will be discussed later in the same classes. These will also be oriented to the methodology of study of the course.

Programme

1.Noção, purpose and scope of the DIP
2.Génese historical development of the DIP - the "ius gentium" the German historical school.
3.The conflict of laws in space and regulatory pathways - methodological pluralism
4.As sources of DIP:
4.1.The general principles of IPD
4.2.As international sources
4.3.As internal sources
5.The DIP Portuguese - foundation and nature.
6.The system of conflict of laws in space:
6.1.a conflict rule, concept, structure and classification
6.2.Valores subjecentes legislative options
. 7 The concern with international legal harmony - the reference.
9.The reference standard conflict the problem of qualification:
9.1.O legal vacuum
9.2.The legal height
9.3.A adaptation
10.The reference to a conflict norm plurilegislativo law
11.The application and interpretation of foreign substantive law
12.The limits the application of foreign substantive law:
12.1.a international public policy of the receiving State
12.2.a evasion of the law
12.3.A internal legal harmony
12.4.A safeguarding acquired rights
12.5.A safeguard the weaker party
13.Em particular the determination of the applicable under the principle of the autonomy of private law will. The importance of the principle in EU Regulation No. 593/2008 (Rome I).

Evaluation Type

Those provided in the General Assessment Regulations. two tests for continuous assessment will be conducted and each of the students will be invited to make a team work.

Teaching Resources

Using audiovisiuais media where available in the classroom

Sustainability Objectives

Keywords

law; international; private; conflict rule; connecting element; framework concept; qualifications; reference; international contract.

Main Bibliography

Complementary Bibliography