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| Udgave: |
Jura Kandidatuddannelsen 2011/2012 |
| ECTS points: |
10 ECTS |
| Punkter: |
10 ECTS = 1/6 årsværk |
Semester: |
autumn 2011 |
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| Uddannelsesdel: |
Kandidat niveau |
| Kontaktpersoner: |
Fagansvarlig: Ingrid Lund-Andersen |
| Andre undervisere: |
Jose M. L. Villaverde and Lektor Ingrid Lund-Andersen |
| Undervisnings- periode: |
Tuesday and Thursday 13-15
1. day: Tuesday 6.9.2011 |
| Formål: |
This course deals with different types of families both those based on traditional opposite-sex marriages and other classified in cohabitation, different types of registration of partnerships and same-sex marriages. Family law has developed in the last decade to include other than traditional families, but this development has been achieved in very different ways depending on the country. The objective of the course is to provide the student with a general and comprehensive knowledge of both substantive and private international law regulation in the matter, with a main focus on European countries (including EU legislation and case law from the European Court of Justice and the European Court of Human Rights), but also looking at the developments in the United States and Latin America.
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| Indhold: |
The course will include different segments where it will be analysed both the national substantive legislation in some relevant jurisdictions and then Private International Law basic principles and elements and relevant legal instruments and case law in the matter. Further, the course will deal with comparative law and we will analyse the principles of European Family Law regarding Divorce created by the Commission on European Family Law.
1. A general introduction to the basic concepts in International Private Law: sources, choice-of-law rule and its types, connecting factors, applicable law, foreign law, lex fori, lex causae, and its general problems: characterisation, incidental question, renvoi, exclusion of foreign law and ordre public, multi-legal states, forum shopping and fraud of law, as well as a general introduction to jurisdiction, recognition and enforcement in Private International Law.
2. A general introduction to the basic concepts in Comparative Law: the legal systems, general and special comparison, länderberichte and analytical method, common core method and better law method, the nature of not binding principles, harmonisation and unification.
3. Substantive law of some selected jurisdictions:
• Marriage: Denmark, Sweden, United Kingdom, Spain, France, US.
• Cohabitation: Denmark, Sweden, United Kingdom, Spain, France, US.
• Registered partnerships: Denmark, United Kingdom, France, Spanish autonomous communities.
• Same sex marriages: Spain, US, Argentina.
4. Relevant international legal instruments in the matter, especially from the European Union and the Hague Convention on Private International Law, but also others, like the International Commission on Civil Status. Also relevant cases from the ECJ and the ECtHR.
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| Kompetence- beskrivelse: |
The objective of the course is to enable the students to:
Present and familiarise with the general concepts and problems of Private International Law and Comparative Law and the compared substantive national law of the selected countries on marriage, cohabitation, registration and same-sex marriage.
Identify and explain the different approaches given by the national legislation to the phenomenon of cohabitation and to the legal recognition of same-sex couples.
Identify the main problems of both substantive and Private International Law in the matter.
Critically argue in favour of the various legal solutions given to cohabitation, registration and recognition of same-sex couples, putting into perspective the concrete national law and the relevant European and International instruments, as well as the case law from the ECJ and ECtHR.
Communicate and formulate her/his knowledge and arguments professionally and linguistically correct in a structured and coherent way.
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| Målbeskrivelse: |
The objective of the course is to enable the students to:
Present and familiarise with the general concepts and problems of Private International Law and Comparative Law and the compared substantive national law of the selected countries on marriage, cohabitation, registration and same-sex marriage.
Identify and explain the different approaches given by the national legislation to the phenomenon of cohabitation and to the legal recognition of same-sex couples.
Identify the main problems of both substantive and Private International Law in the matter
Critically argue in favour of the various legal solutions given to cohabitation, registration and recognition of same-sex couples, putting into perspective the concrete national law and the relevant European and International instruments, as well as the case law from the ECJ and ECtHR.
Communicate and formulate her/his knowledge and arguments professionally and linguistically correct in a structured and coherent way.
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| Faglige forudsætninger: |
Students must be able to read, understand, write and speak English. There is no other prerequisite since the general concepts and problems of Private International Law and Comparative Law will be explained, as well as other substantive aspects. |
| Eksamensform: |
Oral exam based on a report |
| Eksamen: |
28. nov. - 2. dec. 2011 (preliminary dates) |
| Kursus hjemmeside: |
 |
| Pensum: |
The required reading material would be ca. 500 pages. |
| Sidst redigeret: |
8/8-2011 |