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

DIREITO INTERNACIONAL PRIVADO - 2021/2022

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

Teachers

Leading Teacher: Prof. Doutora Marisa Almeida Araújo
Assistant Professor: Prof. Doutora Marisa Almeida Araújo

Class type and School hours

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

Teaching Language

Portuguese

Main Aims/Objectives

In today´s contemporary society there is a growing internationalization of private life situations.
Identify these situations, the particular problems arising from the dispersion of its elements by more than one state, know the general principles on which the PIL is based and the methods for determining the law applicable to international private relations.

Specific Aims/Objectives

Understand how international private situations are regulated, understanding the fundamental values, principles and concepts of the Conflict Law.
Analyze the main rules of conflicts of laws in space, taking into account the plurality of internal, European and international sources, which are in force in the Portuguese legal order, as well as the respective interpretative principles.

Skills to be acquired

It is intended that students can be able to identify a plurilocalized legal situation, understand the problems raised by the cross-border legal-private relationship, and, in a context of methodological plurality and sources, considering the applicable principles and rules, determine the law or laws applicable to emerging situations of international private relations.

Teaching Procedures

Complementarity between lectures, practical classes and tutorial orientation.
The classes will be dialogued and in addition to the resolution of practical cases, students will be asked to analyze texts of authors who have made a significant contribution to the development of PIL as well as jurisprudential decisions.

Programme

I. INTRODUCTION
1. Notion and characterization of conflict norms; delimitation
2. Plans, processes and techniques for regulating transnational situations; Methods
II. GENERAL
1. Nature and Sources of Conflict Law
2. Justice and General Principles
3. Object and function of the conflict rule
4. Structure of the conflict rule
5. Interpretation and application of the conflict rule
6. Connecting element
7. Reference to complex legal systems
8. Return or devolution
9. Fraud
10. Qualification
11. Adaptation; conflict and lack of applicable standards.
12. Status of foreign law
13. Limits on the application of foreign law
III. SPECIAL PART
1. Persons (natural and legal)
2. Obligations
3. Non-contractual liability, unjust enrichment and business management
4. Rights
7. Family Relations
8. Successions mortis causa

Evaluation Type

Two tests will be performed.

Teaching Resources

Audiovisual media whenever appropriate and availability of court texts and rulings.

Sustainability Objectives

Keywords

Private international law; Conflict Rules; Resend; Qualification.

Main Bibliography

Complementary Bibliography