JJUA55065U International family law and comparative family law - marriage, cohabitation and registered partnerships - NOTE: Cancelled in the spring semester 2016

Volume 2015/2016
Content

Present and familiarise with the general concepts and problems of Private International Law and Comparative Law and the compared substantive national law of the selected countries on marriage, cohabitation, registration and same-sex marriage.
Identify and explain the different approaches given by the national legislation to the phenomenon of cohabitation and to the legal recognition of same-sex couples.
Identify the main problems of both substantive and Private International Law in the matter Critically argue in favour of the various legal solutions given to cohabitation, registration and recognition of same-sex couples, putting into perspective the concrete national law and the relevant European and International instruments, as well as the case law from the ECJ and ECtHR. Communicate and formulate her/his knowledge and arguments professionally and linguistically correct in a structured and coherent way.

Learning Outcome

Viden om:
- .. Present and familiarise with the general concepts and problems of Private International Law and Comparative Law and the compared substantive national law of the selected countries on marriage, cohabitation, registration and same-sex marriage.
Færdigheder i:
- .. Identify and explain the different approaches given by the national legislation to the phenomenon of cohabitation and to the legal recognition of same-sex couples.
- .. Identify the main problems of both substantive and Private International Law in the matter.
Kompetencer til:
- .. Critically argue in favour of the various legal solutions given to cohabitation, registration and recognition of same-sex couples, putting into perspective the concrete national law and the relevant European and International instruments, as well as the case law from the ECJ and ECtHR. .. Communicate and formulate her/his knowledge and arguments professionally and linguistically correct in a structured and coherent way.

1. A general introduction to the basic concepts in International Private Law: sources, choice-of-law rule and its types, connecting factors, applicable law, foreign law, lex fori, lex causae, and its general problems: characterisation, incidental question, renvoi, exclusion of foreign law and ordre public, multi-legal states, forum shopping and fraud of law, as well as a general introduction to jurisdiction, recognition and enforcement in Private International Law.
2. A general introduction to the basic concepts in Comparative Law: the legal systems, general and special comparison, länderberichte and analytical method, common core method and better law method, the nature of not binding principles, harmonisation and unification.
3. Substantive law of some selected jurisdictions:
   • Marriage: Denmark, Sweden, United Kingdom, Spain, France, US.
   • Cohabitation: Denmark, Sweden, United Kingdom, Spain, France, US.
   • Registered partnerships: Denmark, France, Spanish autonomous communities.
   • Same sex marriages: Spain, US, Argentina, Danmark
4. Relevant international legal instruments in the matter, especially from the European Union and the Hague Convention on Private International Law, but also others, like the International Commission on Civil Status. Also relevant cases from the ECJ and the ECtHR. Reading material – mainly articles – would be ca. 500 pages

Students must be able to read, understand, write and speak English.
There is no other prerequisite since the general concepts and problems of Private International Law and Comparative Law will be explained, as well as other substantive aspects.
Lectures and groupdiscussions
Provisions on form requirements can be found in the exam catalogue on the online Study Pages.
  • Category
  • Hours
  • Preparation
  • 364,5
  • Seminar
  • 48
  • Total
  • 412,5
Credit
15 ECTS
Type of assessment
Oral defence, 20 min.
Oral exam on the basis of the synopsis, 20 minutes
Marking scale
7-point grading scale
Censorship form
External censorship
Exam period

Autumn:

Cancelled in E15


Spring:

23. - 27. of May 2016 (preliminary dates)

Re-exam

Awaits