Private International Law


Private International Law

The aim:
1. Student knows conflct of laws rules intended to indicate law applicable for private law matters and can it apply in proper manner.
2. Student knows scope of application of substantive uniform rules and can it apply.
3. Student knows rules concerning application of foreign law and can it apply in proper manner.

Acquired knowledge:
1. Student knows conflict of laws rules contained in Polish act on private international law.
2. Student knows conflict of laws rules contained in European Union acts on private international law.
3. Student knows conflict of laws rules contained in multilateral international conventions on private international law, especially convetions adopted under auspicies of Hague Conference on Private International Law.
4. Students knows basic concepts and rules concering application of foreign law in litigation, arbitration and by public notary and other public bodies.
5. Students knows provisions of substantive uniform law especially United Nations Convention on Contracts for the International Sale of Goods (CISG) and Conwention on the Limitation Period in the International Sale of Goods.
6. Student knows scope of application of private international law, it’s sources of law, definition and knows choice of laws rule structure.

Acquired skills:
1. Student can identify situations in which conflict of laws rules shall be applicable.
2. Student can apply conflict of laws rules and is able to indicate law applicable for private law matters.
3. Student can identify situations in which rules of substantive uniform law contained in international conventions shall be apply.
4. Student can apply rules of substantive uniform law contained in international conventions.
5. Student can apply legal institutions of private international law which have impact on application of foreign law.

Course contents
1. Private international law – definition, scope of application, sources of law, conflict of laws rule structure.
2. Indication of law applicable and it’s application. General institutions of private international law.
3. Personal statute of natural and legal person.
4. Law applicable for representation, limitation of claims, legal acts and their form.
5. Law applicable for contractual obligations.
6. Contracts on international sale of goods with regard to international commercial practice (INCOTERMS etc.).
7. Law applicable for non – contractual obligations.
8. Law applicable for property rights.
9. Law applicable for family law matters.
10. Law applicable on sucession.

Recommended reading: 
1. Private International Law in Poland, J. Gołaczyński (ed.), C.H. Beck. Warszawa 2019.

Additional reading: 
1. Application of foreign law , C. Esplugues, J.L. Iglesias, G. Palao (ed.), Sellier. Munich 2011.
2. Prawo prywatne międzynarodowe. System Prawa Prywatnego tom 20C, M. Pazdan (ed.), C.H. Beck. Warszawa 2015.
3. Prawo prywatne międzynarodowe wyd. 5, J. Gołaczyński, C.H. Beck. Warszawa 2017.

Projekt "Zintegrowany Program Rozwoju Uniwersytetu Wrocławskiego 2018-2022" współfinansowany ze środków Unii Europejskiej z Europejskiego Funduszu Społecznego

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