Study:	Law - 7. semester
Code:	44351
ECTS:	8.0
Course coordinators:	prof. dr. sc. Vilim Bouček prof. dr. sc. Hrvoje Sikirić prof. dr. sc. Davor Adrian Babić izv. prof. dr. sc. Dora Zgrabljić Rotar doc. dr. sc. Tena Hoško
Exam dates:	10. 07. 2023. 28. 08. 2023. 11. 09. 2023. Exam registration: Studomat

Literature:

Optional literature:

POPIS LITERATURE SE NALAZI NA KRAJU OVE STRANICE; , str

Description:

Private international law is a branch of domestic law that uses conflict of laws rules, overriding mandatory rules and the specific substantive rules to govern private law situations with an international element. The course Private International Law also includes lectures on international civil procedural law. The subject of international civil procedure law is civil procedure with an international element (international jurisdiction of the courts and other bodies in civil matters, recognition and enforcement of foreign judgments and arbitral awards, presentation of evidence, delivery, enforcement, etc.). Private law situations with an international element. Historical development of private international law. Sources of private international law. International civil procedure law. European private international law. Harmonization of Croatian private international law with the European.

Cognitive Skills:

KNOWLEDGE AND UNDERSTANDING

After successfully completing the course students will be able to:

• name the sources of private international law in the Republic of Croatia;
• single out the basic theories and theorists of private international law;
• define the institutes of the general part of private international law (e.g. classification, incidental question, renvoi, public policy ...)
• explain the conflict of laws method which is the basis of the application of private international law;
• explain the characteristics of civil proceedings with an international element, such as international jurisdiction, recognition and enforcement of decisions, legalization of documents, international bankruptcy, etc.;
• recognize the characteristics and institutes of international arbitration.

 

APPLICATION

After successfully completing the course students will be able to:

• use sources of private international law;
• independently apply the conflict of laws rules and rules of international jurisdiction and the recognition and enforcement of foreign decisions;
• interpret the provisions of sources of private international law and international arbitration law;
• outline the special features of private international law in the European Union law.

 

ANALYSIS

After successfully completing the course students will be able to:

• differentiate between situations with an international element, and without it, as well as those with cross-border element in the context of the European Union law;
• analyze the effects of international jurisdiction;
• connect proper conflict rule with a given legal category;
• compare the national and European rules in the field of private international law;
• analyze the differences of recognition and enforcement of foreign decisions in and outside the European Union and of the arbitration awards.

 

SYNTHESIS

After successfully completing the course students will be able to:

• come up with examples of situations with an international element;
• formulate examples of different types of conflict of law rules;
• propose an optimal way for resolution of a dispute with an international element;
• construct a solution to the problems arising from concurrent proceedings in different countries.

 

EVALUATION

After successfully completing the course students will be able to:

• evaluate the effects of public policy on the application of foreign law and the recognition and enforcement of foreign court decisions and arbitral awards;
• evaluate the legal norms in order to determine their types (dispositive norm, cogent norm, mandatory rule, public policy norm);
• compare the legal norms on individual institutes of private international law in different countries and evaluate their effects on the resolution of disputes with an international element;
• recommend to a party instituting proceedings before the competent court with understanding of the consequences that it brings.

 

Practical and Generic Skills:

After successfully completing the course students will be able to:

 

• express themselves clearly and accurately, displaying the acquired learning outcomes;
• orally present the adopted learning outcomes;
• choose optimal clause on the choice of court / arbitration for the specific contract;
• argue their positions on the issues in the field of private international law.

 

Matching Assessments to Learning Outcomes:

• both written and oral exam for all the learning outcomes;
• mainly written exam consisting of fifteen essay type questions for the learning outcomes knowledge and understanding, application and analysis mainly written exam consisting of fifteen essay type questions;
• mainly oral exam for the learning outcomes synthesis and evaluation mainly oral exam;
• seminar colloquia (partial exams) and exercises where ability to solve a hypothetical case is tested, especially for the learning outcomes of application, analysis, synthesis,

 

Consultations schedule:

• prof. dr. sc. Vilim Bouček:

  Tuesdays, 15.45-17.15 h.

  Location: Ćirilometodska 4, room 4
• prof. dr. sc. Hrvoje Sikirić:

  Tuesdays, 16-17.30 h.

  Location: Ćirilometodska 4, room 5
• prof. dr. sc. Davor Adrian Babić:

  Tuesdays, 10-11.30.

  Location: Ćirilometodska 4, room 21
• izv. prof. dr. sc. Dora Zgrabljić Rotar:

  Tuesdays, 10.30 - 12.00.

  Location: Ćirilometodska 4, room 47
• doc. dr. sc. Tena Hoško:

  Onilne (Google Meet) based on individual arrangment.

  Location: Ćirilometodska 4, room 57