Private International Law
Course: «Еducational and Professional Program Law»
Structural unit: Educational and Scientific Institute of Law
Title
Private International Law
Code
ВБ.10.03.01
Module type
Вибіркова дисципліна для ОП
Educational cycle
First
Year of study when the component is delivered
2022/2023
Semester/trimester when the component is delivered
7 Semester
Number of ECTS credits allocated
5
Learning outcomes
Students must know the subject, functions of private international law, sources of legal regulation in various areas of private international law, concepts, legal nature, structure of the conflict rule, general principles of law enforcement in private international law, general characteristics and legal status of subjects in private international law, to know the legal qualifications and the main categories of law enforcement in private international law, practice of resolving disputes with the participation of a foreign element, be able to assess and determine the legal status of subjects in private international law, give a legal description of conflicting rules applicable in various spheres of relations in private international law, have basic skills in drafting a treaty in private international law taking into account the peculiarities of the practical situation and the application of conflict rules.
Form of study
Distance form
Prerequisites and co-requisites
To know the main stages of formation and development of the science of private law; existing doctrinal approaches to defining the features, subject matter, concept, functions of private law and its relationship with other elements of the legal system; the most important sources of legal regulation in various areas of private law; features of the structure of private law rules; practice of resolving private law disputes. 2. Be able to evaluate and determine the role and purpose of civil law rules; apply them to specific practical circumstances; resolve disputes of a private law nature. 3. Possess the basic elements of the conceptual and categorical apparatus in the field of private law, freely operate with them in discussing and solving problem situations; basic skills in preparing a legal opinion, taking into account the peculiarities of the practical situation and using legal methods to resolve disputes arising with the participation of a foreign element.
Course content
The discipline is aimed at revealing the importance of private international law in the proper legal settlement of the situation when the relations of private law subjects are related to one or more legal orders other than the Ukrainian legal order. Students master the subject, method, functions of private international law, sources of legal regulation of private international law, concepts, legal nature, structure of the conflict rule, general principles of law enforcement in private international law, general characteristics of subjects in private international law, general provisions of property and contract law in private international law, legal regulation of foreign investment in Ukraine, general characteristics of intellectual property rights in private international law, the legal nature of hereditary, family and labor relations in private international law, the basic principles of international civil procedure, the legal nature of international commercial arbitration.
Recommended or required reading and other learning resources/tools
1. Private international law. General part: textbook / edited by A. S. Dovgert and V. I. Kisil. Kyiv: Alerta, 2012. 376 с.
2. Private international law. Special part: textbook / edited by A. S. Dovgert and V. I. Kysil. Kyiv: Alerta, 2013. 400 с.
3. International Private Law: Textbook / edited by A.S. Dovgert and V.I. Kysil. 2nd edition. - Kyiv: Alerta, 2014. - 656 p.
4. Gramatskyi E.M. Improving the Institute of Circumvention of the Law in the Process of Recodification of Civil Legislation of Ukraine // Journal of Kyiv University of Law. 2021/2. -P. 174 - 178 HeinOnline (USA) Index Copernicus International (Poland)
5. Gramatskyi E.M. European integration processes and private international law: some aspects // Journal of Kyiv University of Law. - 2020/3. - P. 357 - 361 HeinOnline (USA) Index Copernicus International (Poland)
6. Bilousov E.M., Yakoviuk I.V. Private International Law: Textbook. Kharkiv: Pravo, 2021. 408 с
Planned learning activities and teaching methods
Teaching methods and educational activities in the study of the discipline are aimed at obtaining and mastering students' systematic knowledge of the concepts, methods, system, functions, sources, subjects and main categories of private international law. At the same time, the mentioned forms and methods are aimed at forming in students a systematic understanding of the specifics of conflict regulation of relations with a foreign element in various spheres of public life. This involves studying the legal framework (including international acts) in relevant areas of private relations as well as mastering the system of the most common formulas of attachment and their scope in property, contractual, non-contractual, family, hereditary, labor relations, intellectual property relations and international commercial arbitration
Assessment methods and criteria
Types of current control are selected by the teacher who conducts seminars, in consultation with the lecturer and in accordance with this program. Forms of student assessment include: express questioning; colloquium; reports and scientific works; testing; module test work; solving problems / cases, drafting a treaty in private international law. Final assessment - written exam.
The minimum score to be obtained by a student during the semester is 24 points, the maximum score is 40 points.
During the current control at the seminars, the following should be assessed: the level of knowledge demonstrated by the student in response, activity in discussing the issues of the seminar, regular work in the classroom, the results of the tasks.
According to the results of the written exam, a student can get a maximum of 60 points.
Language of instruction
Ukrainian
Lecturers
This discipline is taught by the following teachers
Roman
Maydanyk
Civil Law Department
Educational and Scientific Institute of Law
Educational and Scientific Institute of Law
Iryna
Dikovska
Civil Law Department
Educational and Scientific Institute of Law
Educational and Scientific Institute of Law
Ernest
Gramatskiy
Civil Law Department
Educational and Scientific Institute of Law
Educational and Scientific Institute of Law
Liliya
Radchenko
Civil Law Department
Educational and Scientific Institute of Law
Educational and Scientific Institute of Law
Departments
The following departments are involved in teaching the above discipline
Civil Law Department
Educational and Scientific Institute of Law
Civil Law Department
Educational and Scientific Institute of Law
Civil Law Department
Educational and Scientific Institute of Law
Civil Law Department
Educational and Scientific Institute of Law