International Private Law

Major: Law
Code of subject: 6.081.00.O.065
Credits: 5.00
Department: Department of Theory of Law and Constitutionalism
Lecturer: Ortynska Natalia
Semester: 6 семестр
Mode of study: денна
Learning outcomes: Integral Competence (INT): The ability to solve complex specialized problems and practical problems in the field of professional legal activity or in the learning process, which involves the application of legal doctrines, principles and legal institutions and is characterized by complexity and uncertainty. General Competences (LC): LC2. Ability to apply knowledge in practical situations. ZK3. Knowledge and understanding of the subject area and understanding of professional activity. ЗК11. The ability to exercise their rights and responsibilities as a member of society, to realize the values of civil (free democratic) society and the need for its sustainable development, the rule of law, human and civil rights and freedoms in Ukraine. Special (professional, subject) competencies (SC): SC4. Knowledge and understanding of international human rights standards, provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the case law of the European Court of Human Rights. SC5. Ability to apply knowledge of the principles and content of institutions of public international law, as well as private international law. SK15. Ability to independently prepare draft law enforcement acts. SK16. Ability to logical, critical and systematic analysis of documents, understanding their legal nature and meaning. Program learning outcomes (PR): PR3. Carry out collection and integrated analysis of materials from various sources. PR17. Apply the acquired knowledge in different legal situations, identify legally significant facts and form sound legal conclusions. PR21. Know the mechanism of realization of human rights and freedoms. PR25. Know the principles and content of institutions of international law. Communication (COM): COM4. Explain the nature of certain events and processes with an understanding of the professional and social context. Autonomy and responsibility (AiV): AiV4 Ability to demonstrate an understanding of current legislation.
Required prior and related subjects: Previous subjects: Theory of State and Law; Civil law; International law. Related and the following disciplines: Business Law; Migration law; Legal regulation in foreign economic activity.
Summary of the subject: Summary of the subject: "Private International Law" is a holistic training course. Its study should be consistent and systematic. Successful study of the course International Private Law involves the development of students lecture material, its consolidation and deepening in practical (seminar) classes, independent study of normative, educational and scientific literature. In a special part of the course we will consider the most important subsectors of private international law, its institutions and types of agreements that are concluded. These are, firstly, property rights and property law, legal regulation of foreign investment, copyright and related rights and intellectual property rights in private international law. Secondly, these are foreign trade contracts, international transportation agreements, franchising, leasing, factoring, brokerage and contract agreements. Third, it is a question of credit and settlement relations and non-contractual obligations. Finally, it is a family, inheritance and employment relationship in private international law. In the special part we will find out some issues of the international civil process. In particular, with regard to the specifics of the position of foreigners in civil proceedings, international jurisdiction, issues related to international legal assistance, for example, the recognition and enforcement of foreign judgments.
Assessment methods and criteria: Assessment of student learning outcomes is carried out in accordance with the 100-point assessment scale established at the University. The final grade in the discipline consists of the assessment of CC learning outcomes during the semester and the assessment of learning outcomes during the control event during the exam. The number of points allocated to the CC is 40 points. Examination control - 60 points. The maximum score in points for the discipline - 100 points.
Recommended books: 1. International private law. :textbook./ Fedynyak G.S., Fedynyak L.S. K.: Alerta, 2021. 524 p. 2. International private law: textbook / edited by E.M. Bilousova, I.V. Yakovniuka: Kharkiv: Pravo, 2021. 408 p. 3. Danylenko V.V. Unification of conflict of laws rules on sea transportation of passengers and their luggage in international private law: monograph. Kh.: Pravo, 2020. 216 p. 4. Party autonomy in EU private international law. Jacqueline Gray. Publisher: Intersentia. 2021. 120 p. 5. Maria Campo Comba. The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law. Publisher: Springer Cham. 2021. 373. p. 6. Geert Van Calster. European Private International Law: Commercial Litigation in the EU. Hart Publishing - 3rd ed., 2016. 536 p. 7. Vyshnovetska S.V., Korneev Yu.V. International private law/teaching manual. Kyiv: Center for Educational Literature, 2020. 164 p. 8. Private International Law: Contemporary Challenges and Continuing Relevance. Edited by Franco Ferrari, Diego P. Fernandez Arroyo. Publisher: Edward Elgar Publishing. 2019.520 p. 9. Global Private International Law. Edited by Horatia Muir Watt. SciencesPo Law School, Paris, France, Lucia Bizikova, Trainee in an international law firm, London, UK. and others. 2019. 640 p. 10. Advanced Introduction to Private International Law and Procedure. Peter Hay. 2018. 160 p. 11. Clarkson & Hill's. Conflict of Laws. Fifth edition. 2016. 594 p 12. International private law: teaching. manual / I. I. Kylimnyk, A. M. Brovdiy. Kharkiv: XNUMX named after O. M. Beketova, 2018. 111 p. 13. International Private Law. Edited by Marko Nikolic. Publisher: Society Publishing. 2017. 319 p. 14. International private law: textbook/ V. A. Bigun, E. M. Bilousov, I. M. Zhukov; under the editorship V. P. Zhushmana and I. A. Shumilo. Kharkiv: Pravo, 2015. 320 p. 15. International private law. General part: textbook / for general ed. A. S. Dovgerta, V. I. Kysilya. Kyiv: Alerta, 2012. 376 p.