Last modified: 24 Mar 2025 16:46
This course introduces the student to the three core questions of Private International Law:
1) Jurisdiction: when do the Scottish courts have jurisdiction over a dispute that has one or more cross-border elements?
2) Applicable law: which country’s law is applicable to cross-border legal relations and disputes?
3) Recognition and enforcement of judgments: what are the effects of foreign judgments in Scotland?
Throughout the course, students will develop an understanding of how Scots Private International Law deals with legal relations that are not exclusively contained within Scotland. It helps students develop a skillset that will enable them to resolve the questions that arise due to a legal relation or dispute having a cross-border element.
Moreover, the course enables students to appreciate the role Private International Law plays in a broad swath of scenarios, ranging from litigation involving the civil liability of Scottish corporations for wrongdoings committed overseas (such as violations of labour standards), to consumer protection disputes, international child abduction cases, and cross-border inheritance, to give but a few examples.
This is an exempting course for the Faculty of Advocates exam on Private International Law.
| Study Type | Undergraduate | Level | 2 |
|---|---|---|---|
| Term | Second Term | Credit Points | 15 credits (7.5 ECTS credits) |
| Campus | Aberdeen | Sustained Study | No |
| Co-ordinators |
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The course balances selected matters of jurisdiction, choice of law and recognition and enforcement issues. It consists of three thematically organised parts, the precise content of which is adapted to the most recent developments in the discipline:
The introductory part to this course helps students understand the issues with which Private International Law is concerned. Particular attention will be given to the discipline’s sources, its historic origins and development, and its interaction with other areas of the law (such as UK public law, public international law, or tax law).
In this part, we will deal with the Private International Law relating to general civil and commercial matters. Our focus will be on cross-border contracts and delicts. This part also contains a session dedicated to several case studies that aim to help students gain insight into how Private International Law is applied in real-life cases.
This part addresses the Private International Law issues relating to family law, including issues of child protection, international child abduction, marriage, divorce, and inheritance. Particular attention is given to the Hague Conventions governing these matters to which the UK is a contracting state.
Information on contact teaching time is available from the course guide.
| Assessment Type | Summative | Weighting | 20 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback | ||||
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Conceptual | Understand | Gain insight into the broader societal relevance of Private International Law |
| Conceptual | Understand | Acquire knowledge of the concepts and terms of art that are essential to the discipline |
| Factual | Understand | Gain knowledge of the legal framework and legal sources relevant to the field in Scotland |
| Factual | Understand | Develop an understanding of the central problems that Private International Law seeks to resolve |
| Procedural | Analyse | Acquire and analyse knowledge of the operation of Private International Law in both commercial & civil matters and family matters |
| Procedural | Understand | Acquire an understanding of how Brexit has affected the operation of private international law in Scots, English and EU27 courts |
| Assessment Type | Summative | Weighting | 40 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback | ||||
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Conceptual | Understand | Acquire knowledge of the concepts and terms of art that are essential to the discipline |
| Conceptual | Understand | Gain insight into the broader societal relevance of Private International Law |
| Factual | Understand | Develop an understanding of the central problems that Private International Law seeks to resolve |
| Factual | Understand | Gain knowledge of the legal framework and legal sources relevant to the field in Scotland |
| Procedural | Analyse | Acquire and analyse knowledge of the operation of Private International Law in both commercial & civil matters and family matters |
| Procedural | Understand | Acquire an understanding of how Brexit has affected the operation of private international law in Scots, English and EU27 courts |
| Assessment Type | Summative | Weighting | 40 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback | Word Count | 1500 | ||
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Conceptual | Understand | Gain insight into the broader societal relevance of Private International Law |
| Conceptual | Understand | Acquire knowledge of the concepts and terms of art that are essential to the discipline |
| Factual | Understand | Gain knowledge of the legal framework and legal sources relevant to the field in Scotland |
| Factual | Understand | Develop an understanding of the central problems that Private International Law seeks to resolve |
| Procedural | Analyse | Acquire and analyse knowledge of the operation of Private International Law in both commercial & civil matters and family matters |
| Procedural | Understand | Acquire an understanding of how Brexit has affected the operation of private international law in Scots, English and EU27 courts |
There are no assessments for this course.
| Assessment Type | Summative | Weighting | 100 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback | ||||
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Factual | Understand | Develop an understanding of the central problems that Private International Law seeks to resolve |
| Factual | Understand | Gain knowledge of the legal framework and legal sources relevant to the field in Scotland |
| Conceptual | Understand | Gain insight into the broader societal relevance of Private International Law |
| Conceptual | Understand | Acquire knowledge of the concepts and terms of art that are essential to the discipline |
| Procedural | Understand | Acquire an understanding of how Brexit has affected the operation of private international law in Scots, English and EU27 courts |
| Procedural | Analyse | Acquire and analyse knowledge of the operation of Private International Law in both commercial & civil matters and family matters |
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