Class Private International Law

In the words of Professor Ferrer Correia, private international law (PIL) seeks to formulate the principles and rules leading to the determination of the applicable law or laws to issues arising from international legal-private relations and to ensure recognition, in the forum State, of purely domestic legal situations of questions within the scope of a single foreign law system. Due to the globalized world and the increasing mobility of people and capital, is extremely important to study and to understand IPL in order to pursue legal professions, namely judiciary, advocacy, public registrars and notary. Although the determination of the applicable law concerns legal-private relations, due to the multiplicity of sources of IPL, constitutional law, public international law and European Union Law are also used to solve problems of this legal discipline.

I. Introduction

• Concept, function and object of the DIP
• Historical development of DIP, its actuality and importance
• Nature of the PID
• The PID and other legal disciplines
• Sources of DIP
• The characterization of the international private legal relationship
• The fundamental principles

II. Conflict Law) The conflict rule

• Object, structural elements and function of the rule of conflicts
• The reference practiced by the conflict rule in the sending of competences.

III. Conflict Law) The prevailing system of conflict rules

• Personal Status, Personal Law, Personal Law in multi-legislative legal systems
• Natural persons
• Legal Persons
• Family Relations
• Succession mortis causa
• Legal Business
• Contractual and non-contractual obligations
• Rights in rem
• Intellectual property law

IV. Conflict Law) The interpretation and application of conflict rules

• Referral
• Qualification
• Norms of immediate application
• Fraud against the Law
• International Public Order

Practical classes with student participation through oral questioning about the topics covered.

Short exercises, including comments on texts presented, and mini-tests.

• Ferrer Correia, A. (2018), Lições de Direito Internacional Privado I, Almedina.