Private International Law, 6 credits

Learning outcomes

Knowledge and comprehension

After completing the course, the student shall be able to:

• identify and critically discuss the sources of private international law and the interaction between them,
• independently analyze and discuss the central concepts, principles and theories of the field of private international law.

Ability and capacity

After completing the course, the student shall be able to:

• identify and formulate legal problems, in written and orally, within the field of private international law,
• critically and independently analyse legal problems within the field of private international law in accordance with the legal method,
• plan and carry out a study on a problem of private international law within a given time frame, including identifying and using relevant legal material correctly.

Valuation and perspective

After completing the course, the student shall be able to:

• independently and correctly apply legal rules to different legal questions within the field of private international law and to present oral and written legal arguments,
• critically evaluate legal arguments for and against different legal solutions for different legal questions within the field of private international law,
• reflect on the role of the examined rules in society.

Content

The course deals with cross-border legal acts and court proceedings in the field of private international law. The main focus is on the characteristic method of private international law, where issues of characterization, jurisdiction, applicable law (choice of law), recognition and enforcement of foreign judgments in cases and controversies of private international law play a central role together with the rules on cross-border service of legal acts. The rules and method of private international law are studied in the field of property law, family and inheritance law, and EU law. Moreover, the interaction between digitalization and private international law is analyzed during the course.

Examinations and grades

Legal Analysis, 1.5 credits (Code: A004)
Grades used are Fail (U) or Pass (G).

Private International Law, 4.5 credits (Code: A005)
Grades used are Fail (F), Sufficient (E), Satisfactory (D), Good (C), Very Good (B) or Excellent (A).

According to the Higher Education Ordinance, Chapter 6, Section 18, a grade is to be awarded on the completion of a course, unless otherwise prescribed by the university. The university may determine which grading system is to be used. The grade must be determined by a teacher specifically nominated by the university (the examiner).

In accordance with university regulations on grading systems for first and second-cycle courses and study programmes (Vice-Chancellor’s decision ORU 2018/00929), one of the following grades is to be used: fail (U), pass (G) or pass with distinction (VG). For courses included in an international master’s programme (60 or 120 credits) or offered to the university’s incoming exchange students, the A to F grading scale is to be used. The vice-chancellor, or a person appointed by them, may decide on exceptions from this provision for a specific course, if there are special grounds for doing so.

The grades used on this course are Fail (F), Sufficient (E), Satisfactory (D), Good (C), Very Good (B) or Excellent (A).

Comments on grades

In order to obtain a passing final course grade on the entire course, the grade Pass (G) for the examination Legal Analysis (A004) and the minimum grade Sufficient (E) on the examination Private International Law (A005) are required. The final course grade on the entire course shall base on the grade for the examination Private International Law (A005). The grades of the examination forms given according to U - G grading scale is not included in the weighting of the final course grade.

Modes of assessment

Legal Analysis, 1.5 credits (Code: A004)
Written assignment and oral examination.
If a student does not achieve an approved grade on the written assignment, but with a limited effort is deemed to be able to reach it, the student may complete the written assignment in accordance with the examiner’s instructions. The supplement shall be completed within five working days from the time the student is assigned the instructions.
Oral examination consisting of group assignments where the student does not attend or fails, may be re-examined if the circumstances allow it. If not, the student is referred to the next time the course is given.

Private International Law, 4.5 credits (Code: A005)
Written examination.

For students with a documented disability, the university may approve applications for adapted or other modes of assessment.

For further information, see the university's local examination regulations.

Specific entry requirements

Basic Course in Law, 30 ECTS credits, and Intermediate Course in Law, 30 ECTS credits (for exchange students).

Introduction to Legal Thinking, 30 ECTS credits, 5 ECTS credits from EU Law, 15 ECTS credits and 25 ECTS credits from other courses in the field of law (for programme students only).

For further information, see the university's admission regulations.

Other provisions

The course is given in English.

Students who have been admitted to and registered on a course have the right to receive tuition and/or supervision for the duration of the time period specified for the particular course to which they were accepted (see, the university's admission regulations (in Swedish)). After that, the right to receive tuition and/or supervision expires.

Reading list and other learning resources

Required reading

van Calster, Geert
European Private International Law
Hart Publishing, app. 536 pages

Additions and Comments on the Reading List

The latest edition of literature on the reading list is used.

Some literature may be available online and as E-book.

Additional materials, such as articles and case law (of approximately 300 pages) are also part of the required reading.