Opzioni di iscrizione
Course Objectives
The objective of the Private International Law course is to develop specific professional competencies and learning outcomes. These include the legal research and analysis of private law relationships with foreign elements; the legal classification of facts and situations to determine the applicable law in private international law relationships by relating factual data to the relevant legal norm; monitoring the resolution of institutional conflicts of jurisdiction and conflicts of law; gathering information for professional activities, including through relationships with third parties and/or stakeholders; applying effective methods of legal analysis and reasoning based on current legislation, practice, and doctrinal studies; and updating knowledge of legal changes and adapting it to factual situations.
Relevance of the Course
The relevance of this course is justified by the unprecedented expansion of international relations in which the Republic of Moldova is involved as a state. This has a significant impact on individuals and legal entities within the country, making the study of private international law a matter of practical necessity. This is because concluding legal relationships governed by private international law requires a thorough understanding of the applicable law in this field.
Although the process of unifying and harmonizing the legislation of different states has taken on an unprecedented scale, thus reducing the risk that a specific legal relationship with a foreign element will be regulated differently in the laws of the states that are likely to apply, private international law, through its specific institutions, maintains its usefulness and relevance. It serves as a particularly valuable instrument for ensuring and promoting the global flow of material and spiritual values.
The increased interest, openness, and search for flexible solutions in private international law, driven by the intensification and diversification of international relations, are evident. These considerations have led to the need to study this subject, which allows students to deepen their understanding of private international law and reflect their specific competencies.
The subject matter is structured into two parts.
Course Structure
The general part of the discipline covers conceptual aspects of the field, including its legal nature, scope, content, methods of regulating private international law relationships, history, and sources. Additionally, the general part addresses the main issues regarding conflicts in private international law relationships, which involves researching the legal reasoning that allows for the determination of the legal system applicable to a legal relationship with a foreign element. This is done by sequentially following these steps: a) determining the applicable conflict-of-laws rule through qualification; b) resolving the conflict of conflict-of-laws rules and identifying renvoi, when applicable; c) applying foreign law as lex causae; d) excluding the application of foreign law if it violates public policy in private international law or if it constitutes a fraud on the law.
The special part of the discipline examines conflicts of law, meaning the conflict-of-laws rules applicable to various categories of private law relationships with a foreign element. These include the conflict-of-laws regime regarding natural persons, legal entities, real rights, legal acts, contractual and non-contractual obligations, succession, and family relationships. Furthermore, the special part is dedicated to resolving conflicts of jurisdiction (international civil procedure), which includes: a) jurisdiction in private international law; b) procedure in cases with a foreign element; c) the effects of foreign judicial and arbitral awards.
The Private International Law course includes the main institutions of private international law in Romanian, Russian, French, and English, with references to foreign legislation, case law, and doctrine.