ISMAT 2240

Private International Law

• ApresentaçãoPresentation

  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.
• ProgramaProgramme

  I. Introduction Concept, function and object of the DIP Historical development of DIP, its actuality and importance Nature of the PID The PID and other legal disciplines Sources of DIP The characterization of the international private legal relationship The fundamental principles II. Conflict Law) The conflict rule Object, structural elements and function of the rule of conflicts The reference practiced by the conflict rule in the sending of competences. III. Conflict Law) The prevailing system of conflict rules Personal Status, Personal Law, Personal Law in multi-legislative legal systems Natural persons Legal Persons Family Relations Succession mortis causa Legal Business Contractual and non-contractual obligations Rights in rem Intellectual property law IV. Conflict Law) The interpretation and application of conflict rules Referral Qualification Norms of immediate application Fraud against the Law International Public Order
• ObjectivosObjectives

  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 to understand the process of recognition of foreign decisions.
• BibliografiaBibliography

  Ferrer Correia, A. (2018), Lições de Direito Internacional Privado I, Almedina.  
• MetodologiaMethodology

  Practical classes with student participation through oral questioning about the topics covered. Short exercises, including comments on texts presented, and mini-tests.
• LínguaLanguage

  Português
• TipoType

  Semestral
• ECTS

  6
• NaturezaNature

  Mandatory
• EstágioInternship

  Não