Last modified: 29 Jul 2024 15:16
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 |
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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 | 50 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback | Word Count | 1500 | ||
| Knowledge Level | Thinking Skill | Outcome |
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| Assessment Type | Summative | Weighting | 25 | |
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| Assessment Type | Summative | Weighting | 25 | |
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| Assessment Weeks | Feedback Weeks | |||
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| Knowledge Level | Thinking Skill | Outcome |
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There are no assessments for this course.
| Assessment Type | Summative | Weighting | 100 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback | ||||
| Knowledge Level | Thinking Skill | Outcome |
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| Knowledge Level | Thinking Skill | Outcome |
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| Factual | Remember | ILO’s for this course are available in the course guide. |
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