Private International Law

2024/2025

Учебный год

ENG

Обучение ведется на английском языке

5

Кредиты

Кто читает:

Кафедра гражданского права (Санкт-Петербург) (Юридический факультет (Санкт-Петербург))

Статус:

Курс по выбору

Когда читается:

4-й курс, 3, 4 модуль

Преподаватель

Назаров Алексей Геннадьевич

Course Syllabus

Abstract

The process of students' mastering the educational material includes lectures, seminars, independent work. As a result of studying the discipline, students should: 1) know: - the content of discussions on the basic concepts, principles and institutions of contractual private international law; - current problems of the theory and practice of private international law, possible ways of their resolution; - trends and regularities of development of modern private international law and practice of its application; - admissibility of prescription of conflict of laws rules and approaches from foreign legal orders and their impact on the development of private international law in Russia; - peculiarities of judicial interpretation of the current legislation in the field of private international law; - the role of the court in the development of private international law in Russia. 2) be able to: - to conduct a scientific polemic on the main issues of theory and practice of private international law; - to analyse independently the substance of legal norms, to use all sources of private international law and appropriate types and methods of interpretation for the purposes of adequate qualification of relations complicated by a foreign element; - in practical classes for the purposes of effective resolution of cases to single out from among the presented information the circumstances of legal significance for the proper legal assessment of the actual situation, exhaustive Such practice will enable the student to learn to present his/her view of a particular case in a competent and logically coherent manner using legal vocabulary and necessary arguments with references to legal norms, examples from court practice and interpretation of the substance of norms; 3) have skills: - work with doctrinal, normative and law enforcement sources; - comprehensively analyse the issues raised.

Learning Objectives

• study of the doctrine of private international law from an applied perspective
• in-depth analysis of the principles and institutions of private international law in the conditions of reforming legislation and forming law enforcement practice
• assessing the effectiveness of modern regulation of conflict of laws issues
• study of contemporary problems of application of norms of private international law

Expected Learning Outcomes

• Knows the specifics of application of family law norms in international private law, regulation of relations between spouses, between parents and children
• Has an understanding of the peculiarities of the status of the state as a party to relations in the frequent flyer law. Understands the main concepts of state immunity and can distinguish between them
• Knows the main international agreements applicable to the transport of goods and passengers
• Knows the main provisions on the regulation in private international law of non-contractual obligations
• Understands the peculiarities of regulation of inheritance relations complicated by a foreign element, including inheritance of movable and immovable property, drafting and execution of a will
• Understands what a real property statute is and knows the main conflict of laws rules governing it. Knows the peculiarities of the legal regime of immovable property. Has a basic understanding of the legislation on foreign investments
• Understands the main features of regulation of international settlements, including settlements using letter of credit, collection, bill of exchange settlements and settlements using international securities
• Understands the subject matter of private international law and its place in the system of law. Distinguishes the methods of regulation of private international law. Knows the principles of private international law
• Knows the main sources of private international law, both national and international
• Knows what is meant by a foreign economic transaction. Has an understanding of the main conflict of laws rules applied in contractual obligations
• Knows the specifics of conflict of laws regulation of labour relations. Understands the specifics of regulation of labour relations involving foreign citizens in Russia and Russian citizens abroad.
• Knows the main international agreements in the field of civil procedure. Has an idea of international commercial arbitration, its types.
• Understands the basic concepts of private international law, in particular the phenomena of retroactive reference in private international law, public policy clause, rules of direct effect, retorsions
• Has a basic understanding of the status of the natural person in private international law, in particular the law of nationality, the law of residence, and so on
• Knows how the statute of a legal person in private international law is defined and what is regulated by it. Has a basic understanding of the types of legal entities, including multinational and transnational corporations, international organisations as subjects of private international law.
• Has a basic understanding of the international regulation of relations in the field of intellectual property. Knows the main international agreements in the sphere of copyright and patent law, rights to means of individualisation.

Course Contents

• Theme 1: The subject and nature of private international law. Methods of regulation.
• Theme 2: Sources of private international law
• Theme 3: General concepts of private international law
• Theme 4: Individuals in rivate international law
• Theme 5: Juridical persons in private international law
• Theme 6: The State in private international law
• Theme 7: The Law of Property
• Theme 8: Contractual Obligations
• Theme 9: International Carriage of Goods and Passengers
• Theme 10. Legal regulation of international banking transactions
• Theme 11. Non-contractual obligations
• Topic 12. Inheritance law
• Theme 13. Labour law
• Theme 14. Family law
• Theme 15. Intellectual property
• Theme 16. Resolution of disputes with participation of foreigners

Assessment Elements

• Test paper
  The test paper is performed in written form. The test paper is checked by the teacher leading the seminars. The purpose of writing a test paper is to test the skills of students in logical and reasoned solution of the problem on the discipline programme. The subject of the assignment is determined by the teacher on the basis of the content of the discipline and the studied material and is communicated to students in advance. Students are also informed of the list of normative legal acts, which the student can use in the process of completing the test paper. At the discretion of the teacher, the test paper may be conducted without the right to use the texts of normative legal acts. Each student must independently within 45 minutes to present in writing the solution to the problem, arguing their answer. It is not allowed to use literature, notes and other aids, including electronic ones. When assessing the work, the main attention is paid to: firstly, the correct and complete solution of problems, secondly, the completeness and logical validity of the argumentation, thirdly, the presence/absence of factual errors.
• Seminar questionnaires and participation in seminar discussions
  The assessment for the work in the seminar and participation in the discussion on the seminar topic is formed as follows. At the seminar, the instructor asks the students about their readiness on the seminar topic, which is communicated by the instructor to the students in advance, and gives the opportunity to express their opinion on the seminar topic to any student who is the first to express such a wish. As a rule, no more than five students are allowed to express an opinion on the topic under discussion. In exceptional cases (great interest of the seminar participants, the emergence of a vivid scientific discussion) it is allowed to express opinions on the discussed problem and more students. When participating in the seminar students must demonstrate knowledge of legislation, understanding of the basics of legislative regulation of the issues discussed at the seminar, skills to apply the knowledge obtained in lectures and as a result of independent study of the subject. Students at the seminar should demonstrate the ability to apply the theoretical knowledge to a specific practical situation, the ability to reasonably and consistently present their thoughts. At the end of the seminar, the teacher gives marks characterising the degree of activity of each student, the correctness of answers to questions, problem solving, participation in the discussion.
• Examination
  The examination is conducted in writing on an examination ticket, which includes two tasks: one theoretical question and one task. The purpose of the examination is to test the knowledge obtained by students during the study of the course at lectures, seminars and during independent work, as well as the ability to apply this knowledge to solve a practical controversial situation. When writing an answer, the student must demonstrate knowledge and understanding of the topics of the discipline, the ability to argue his/her point of view. The duration of the examination is 90 minutes. During the examination, students are not allowed to use literature, textbooks, normative-legal acts, notes, as well as other materials and auxiliary means, including electronic ones.

Interim Assessment

• 2024/2025 4th module
  Odiscipline = k1 x Osem + k2 x Ok/r + k3 x Oexam where: Odiscipline - resultant grade (maximum - 10 points), K1 = 0.1 K2 = 0.2 K3 = 0.7 Osem - points obtained for seminars (maximum - 10 points) Ok/r - points obtained for test work (maximum - 10 points) Oexam - points obtained for examination (maximum - 10 points) Rounding rules: from 0.1 to 0.4 - to the lesser, from 0.5 to 0.9 - to the greater. Rounding is applied only to the resulting grade.

Bibliography

Recommended Core Bibliography

• Данилочкина О.А. - Международное частное право в вопросах и ответах. Учебное пособие - 978-5-392-27670-7 - Проспект - 2019 - http://ebs.prospekt.org/book/30078 - 30078 - PROSPECT

Recommended Additional Bibliography

• Отв. ред. Дмитриева Г.К. - Международное частное право. 4-е издание. Учебник - 978-5-392-19535-0 - Проспект - 2016 - http://ebs.prospekt.org/book/30369 - 30369 - PROSPECT

Authors

• Шиловская Полина Александровна
• Volkova Iuliia Mikhailovna