-
Presentation
Presentation
In the words of Professor Ferrer Correia, private international law (PIL) seeks to formulate the principles and rules leading to the determination of the applicable law or laws to issues arising from international legal-private relations and to ensure recognition, in the forum State, of purely domestic legal situations of questions within the scope of a single foreign law system. Due to the globalized world and the increasing mobility of people and capital, is extremely important to study and to understand IPL in order to pursue legal professions, namely judiciary, advocacy, public registrars and notary. Although the determination of the applicable law concerns legal-private relations, due to the multiplicity of sources of IPL, constitutional law, public international law and European Union Law are also used to solve problems of this legal discipline.
-
Class from course
Class from course
-
Degree | Semesters | ECTS
Degree | Semesters | ECTS
Bachelor | Semestral | 6
-
Year | Nature | Language
Year | Nature | Language
4 | Mandatory | Português
-
Code
Code
ULP288-2240
-
Prerequisites and corequisites
Prerequisites and corequisites
Not applicable
-
Professional Internship
Professional Internship
Não
-
Syllabus
Syllabus
Introduction Notion, function and purpose of Private International Law Historic development and the current importance of Private International Law Nature of Private International Law Private International Law and related legal subjects Sources of Private International Law The Private International legal relation The principles of Private International Law Conflict of laws: the conflict rule The object of the conflict rule Structural elements of the conflict rule The function of the conflict rule The reference practiced by the conflict rule Conflict of laws: the system of conflict rules in force Personal Law, States with more than one legal system Individuals Legal Persons Family relations Succession Contractual and non-contractual obligations Property law Intellectual property rights Law of foreigners Conflict of laws: the interpretation and the application of the conflict rules Renvoi Qualification Overriding mandatory provisions Fraud against law International public order Status of foreign law
-
Objectives
Objectives
Pave the way for professional, academic and research expertise for students in private international law. Endow students with the skills of understanding conflict of laws and the process of recognition of foreign decisions, through preparation for the application of acquired knowledge to legal practice, and provide them with consistent training, raising their critical thinking and analysis in this area of law. Students will be capable of knowing the conflict rules of the portuguese civil code, international conventions and the regulations of the European Union, understand and apply the specific modus operandi of conflict rules to the international private relations, as well as the law of foreigners in the context of private international law.
-
Teaching methodologies and assessment
Teaching methodologies and assessment
Studing real cases by using the technological material available in the class room and testimonials from guest speakers. From these real cases, students have to work on a problem based on the real case. Writing a text based on the knowledge acquired in previous classes.
-
References
References
Baptista Machado, (2017), J., Lições de Direito Internacional, Almedina. Carvalho Abreu, L. (2024), Direito Internacional Privado. Coleção Sebentas de DIP, Universidade Lusófona. Carvalho Abreu, L. (2024). O Direito internacional Privado no Mundo. Compêndio de normas de conflito e comentário à posição sobre o reenvio. Coleção Sebentas de DIP, Universidade Lusófona. Ferrer Correia, A. (2018), Lições de Direito Internacional Privado I, Almedina. Lima Pinheiro, L., (2018), Direito Internacional Privado, Volume I, Introdução e Direito de Conflitos, Almedina. Lima Pinheiro, L., (2015), Direito Internacional Privado, Volume II, Direito de conflitos - Parte especial, Almedina. Mimoso, M.J. e Sousa, S., (2009), Nótulas de Direito Internacional Privado, Quid Juris
-
Office Hours
Office Hours
-
Mobility
Mobility
No