| CODE | PBL2023 | |||||||||
| TITLE | Basic Notions of Conflict of Laws | |||||||||
| UM LEVEL | 02 - Years 2, 3 in Modular Undergraduate Course | |||||||||
| MQF LEVEL | 5 | |||||||||
| ECTS CREDITS | 4 | |||||||||
| DEPARTMENT | Public Law | |||||||||
| DESCRIPTION | This study-unit is divided into two parts: the first part will provide an introduction to the general notions of the traditional Private International Law notions. It discusses the definition, nature and scope of Private International Law in general, the sources and applicable instruments of Maltese Private International Law, and unification processes in Private International Law, including developments at European level. The second part will focus on the rules of jurisdiction defining the jurisdiction of the Maltese Courts under the applicable legal instruments; the rules governing the applicable law in cases having a foreign element under the applicable legal instruments; and the rules governing the recognition and enforcement of foreign judgments in Malta under the applicable legal instruments. Study-Unit Aims: This study-unit aims to impart the basic notions of conflict of laws to the legal procurator. The fact that an LP can take on cases before the Small Claims Tribunal and before the Court of Magistrates, implies that it is is vital for them in this day and age to have an academic basis in at least the basic principles of conflict of laws. The aim of this unit is precisely to give legal procurators that academic basis which they need. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (i) appreciate the scope, nature and main principles of conflict of laws, and the sources of Maltese Private International Law, including developments at European level; (ii) discuss the meaning of the concepts of jurisdiction, applicable / governing law and recognition and enforcement of foreign judgments and the sphere of application of the relative legal instruments; (iii) determine whether jurisdiction vests in the Maltese Courts, the applicable law governing particular factual situations concerning the law of persons, property and obligations; and whether a foreign judgment will be recognized and enforced in Malta. 2. Skills: By the end of the study-unit the student will be able to: (i) identify the issues in particular factual scenarios which require the applicability Private International Law general rules; (ii) apply EU Private International Law regulations to the following areas and to identify: (i) jurisdiction of the courts or tribunals (ii) the applicable law to an obligation being: contracts, quasi-contracts, torts and quasi-torts; (iii) suggest solutions, by apply basic conflict of law principles, to particular factual scenarios. Main Text/s and any supplementary readings: Main Texts: - Calster, G.V., 鈥楨urope Private International Law鈥� (Second Edition, Hart Publishing, Oxford, 2016). - Cheshire, G.C., North, P.M., Fawcett, J.J., Carruthers, J.M., 鈥楶rivate International Law鈥�(Fourteenth Edition, Oxford, Oxford University Press, 2008). Supplementary Readings: - Dicey, A.V., Morris, J.H.C., Collins, L., 鈥楧icey and Morris on the conflict of laws鈥� (Thirteenth Edition, London, Sweet & Maxwell, 2000). - Sammut, I. 鈥楥onstructing modern European private law鈥� (Cambridge, Cambridge Scholars Publishing, 2016). |
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| STUDY-UNIT TYPE | Lecture | |||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Joseph Bugeja |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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