JJUA55065U International family law and comparative family law - marriage, cohabitation and registered partnerships NOTE: This course is not offered in spring 2015.
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.
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
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.
- Category
- Hours
- Preparation
- 364,5
- Seminar
- 48
- Total
- 412,5
- Credit
- 15 ECTS
- Type of assessment
- Oral defence, 20 min.Oral exam based on synopsis, 20 minutes
- Marking scale
- 7-point grading scale
- Censorship form
- External censorship
- Exam period
- 15. - 19. June 2015 (preliminary dates)
Course information
- Language
- English
- Course code
- JJUA55065U
- Credit
- 15 ECTS
- Level
- Full Degree Master
- Duration
- 1 semester
- Placement
- Spring
- Schedule
- Please see timetable for teachingtime
- Continuing and further education
- Study board
- Law
Contracting department
- Law
Course responsibles
- Ingrid Lund-Andersen (20-71766f7a716c36747d766c3569766c6d7a7b6d7648727d7a36737d366c73)
Lecturers
Professor Ingrid Lund-Andersen
External lecturer José Maria Lorenzo Villaverde