Duration
24h Th
Number of credits
Lecturer
Language(s) of instruction
French language
Organisation and examination
Teaching in the second semester
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
The course is held every two years (2015-2016, 2017-2018...). It will not be taught during 2022-23. This course is meant as a complement to the general course on private international law. Students will be given the possibility to deepen their knowlegde of the rules and principles of private international law, based on the study of difficulties arising in cross-border family relationships. The course will focus either on the relationships between partners (marriage, divorce, partnerships) or the parent-children relationships (including child abduction and adoption),. These questions will be studied using first the applicable European instruments (and in particular Regulation 2201/2003 on divorce and parental responsibility). International conventions, such as the Hague Convention on Child Abduction will also be studied. Finally, attention will be paid to the rules applicable in the Belgian context, and in particular the Code of Private International Law. Occasionally the lecturer will also make reference to solutions adopted in foreign jurisdictions, both for issues of substance as for issues of private international law.
Learning outcomes of the learning unit
The course is meant to give students a deeper understanding of the main concepts and issues of private international law, using real life examples drawn from problematic cross-border family situations.
The course is also meant to give students the possibility to reflect on the difficulties arising from the existence of different national legal orders, embodying different values.
Prerequisite knowledge and skills
It is imperative that students who wish to enroll, have at least a minimum knowledge of the basic mechanisms and rules of private international law (when does a court have jurisdiction to hear a cross-border dispute, what law should apply to a transnational relationship and what effects can be given to foreign judgments).
A good knowlegde of the French language is also required.
Planned learning activities and teaching methods
Mode of delivery (face to face, distance learning, hybrid learning)
Each topic will be introduced with a short lecture describing the general principles. In addition to these general presentations, the focus will be on the analysis of court decisions. Students will be invited to prepare the meetings by reading the cases assigned. Preparation is strongly recommended, especially if the student's command of the French language is limited.
Recommended or required readings
Students will receive a detailed handout for each topic studied, with indications on the main rules studied and a discussion of the main difficulties. The handout will include a detailed bibliography. Students will also receive a reader with materials such as court decisions and the main regulations and international instruments studied.
Exam(s) in session
Any session
- In-person
oral exam
Written work / report
Additional information:
Students will be required to take part in an oral examination. Students can also opt to write an essay on a topic to be discussed with the instructor. The essay will count as final evaluation. The essay may be written in French or English.
During the oral examination, students will be invited to analyze one or more court decisions, which relate to the various topics studied during the course. The exam may concern court decisions studied during the course or other decisions. The analysis should explain the importance of the ruling and how it fits in the court practice. Students may use all the documents which have been made available during the course.
Work placement(s)
Organisational remarks and main changes to the course
The course is held every two years (2015-2016, 2017-2018,...).
Contacts
Questions and queries may be addressed to : patrick.wautelet@uliege.be or after each class meeting.