Infopaket

Private International Law

ДВС.3.3.02.03

Вибіркова дисципліна для ОП

First

2021/2022

7 Semester

5

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.

Distance form

Students must know the current legislation of Ukraine, including the Constitution of Ukraine, the Civil Code of Ukraine, the Commercial Code of Ukraine, the Civil Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine, other regulations in the field of private law and business, special literature, textbooks and methodological manuals on private law, be able to freely operate the basic elements of the conceptual and categorical apparatus in the field of private law, have basic skills in resolving problems and resolving disputes through legal mechanisms, skills of logical, critical and systematic analysis of legal documents

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.

1. Private International Law. General part: textbook / ed. Dowgert A.S. and Kisil V.I., Kyiv: Alerta, 2012. 376 p. 2. Private International Law. Special part: textbook / ed. Dowgert A.S. and Kisil V.I. Kyiv: Alerta, 2013. 400 p. 3. Essays on Private International Law / Ed. prof. Dowgert A.. Kharkiv: Odyssey LLC, 2007. 816 p. 4. Kisil V.I. Private International Law: Codification. Kyiv: Ukraine, 2000. 429 p. 5. Fedinyak G.S., Fedinyak L.S. International Private Law: a textbook. Kyiv: Attica, 2009. 500 p. 5. Fedinyak G.S., Fedinyak L.S. International Private Law: a textbook. Kyiv: Attica, 2009. 500 p. 6. Anufrieva L.P. International Private Law: in 3 volumes. Volume 1. General part. Moscow: BEK, 2002. 288 p. 7. Bilousov E. M, Yakovyuk I. V. International Private Law: a Textbook. Kharkiv: Pravo, 2021. 408 p.

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

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.

Ukrainian