|
| Udgave: |
Jura Kandidatuddannelsen 2012/2013 |
| ECTS points: |
10 ECTS |
| Punkter: |
10 ECTS |
| Skemagruppe: |
A1 |
Semester: |
Spring |
|
|
| Uddannelsesdel: |
Kandidat niveau |
| Kontaktpersoner: |
Fagansvarlig: Lektor Peter Rott |
| Andre undervisere: |
Lektor Peter Rott |
| Undervisnings- periode: |
Every Thursday 10-13 |
| Formål: |
The course aims to foster the understanding of the law-making process at EU level and of the underlying values and policies related to European private law. It is also meant to raise awareness for the practical relevance of the EU origin of national rules in the field of private law, to be demonstrated by numerous examples of ECJ case law. |
| Indhold: |
EU private law has come a long way and is constantly developing and expanding. It started with particular areas of consumer law and has gradually moved into the core of private law, such as unfair contract terms and sales law. Attempts are being made to transform this area from a patchwork of directives and regulations into a coherent field of law with great influence on national private law as a whole. A recent attempt of systematisation has been made with the Consumer Rights Directive 2011/83/EU. The final goal is a big codification project, the Common Frame of Reference; a start was made with a proposed Regulation on a Common European Sales Law in October 2011. The course will look at structural issues of systematisation and harmonisation, analyse the contribution of the European Court of Justice and deal with the most important legislation. Core areas are the law of unfair contract terms, sales law, distance selling law and credit law but the course also deals with travel law (package travel, air travel and railways services) and the influence of special areas such as energy and telecommunications law and anti-discrimination law on private law. Finally, it looks at enforcement issues, in particular with new forms of collective actions that have been developed in the Member States. |
| Kompetence- beskrivelse: |
- Analyse the various areas of EU private law, including unfair contract terms, sales law, distance selling law and credit law, travel law (package travel, air travel and railways services), energy and telecommunications law and antidiscrimination law.
- Present the underlying principles and the most important rules of EU private law.
- Explain the interpretation and application by the European Court of Justice of these rules on the basis of the judgments included in the curriculum of the course.
- Put the method of interpretation of the European Court of Justice and the significance of the judgments of the Court for the realisation and further development of European and national private law into perspective.
- Identify the competences that the European Union has left to the Member States in the various fields included in the course.
- Identify the relevant problems of European private law when presented in a specific case.
- Present arguments and solutions in a systematic and coherent manner, showing general knowledge and understanding of the problems of European private law when presented in a specific case.
- Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent |
| Eksamensform: |
Oral exam based on synopsis, 20 minutes |
| Eksamen: |
21. - 24. and 27. May 2013 |
| Kursus hjemmeside: |
 |
| Pensum: |
ca. 500 pages of book chapters and case law |
| Undervisnings- sprog: |
Kun engelsk
|
| Sidst redigeret: |
22/1-2013 |