Dr. Juliana Mörsdorf-Schulte, LL.M. (Univ. of California, Berkeley)
Kontaktdaten:Dr. Juliana Mörsdorf-Schulte LL.M. (Univ. of California, Berkeley) Forschungsstelle für Europäisches Transport- und Verkehrsrecht Schloss, Ehrenhof-West EW 92-95 Email: juliana(@)netcologne.de |  |
A. Veröffentlichungen: | |
B. LehreI. Vorlesung (HS 2011): "Private International Law"ab 19.11.2011 samstags ganztags ab 10h in EW 242 Content: Dealing with contract drafting and disputes in the context of international business transactions requires the awareness of the availability of different legal orders. This lecture should give an orientation as to the pertaining issues of conflict of laws in cases with a foreign element in the fields of contracts, corporations, torts, family law and law of succession. The lecture will deal with the methods and rules to be applied in such "conflicts of law" (as the topic is referred to by common lawyers) in order to determine which country's legal system shall govern to decide on the merits of such cases. Despite its slightly misleading name, "Private International Law" (PIL) is not international but mostly national law and, therefore, the course will review primarily provisions of German law (in particular the Introductory Act to the Civil Code), but also relevant international treaties (bilateral and multilateral) and proliferating EU legislation, particularly the first two comprehensive EC-Regulations on Private International Law: Rome II (concerning torts) and Rome I (concerning contracts) Regulations, leading partially to an extinction and partially to a preemption of large parts of German Private International Law. In 2012 Rome III Regulation will enter into force, unifying PIL of divorce in 14 EU memberstates. Incidentally, reference will be made to general ideas and principles of Private International Law in other European countries and in the US. The class will also cover the basic concepts of international jurisdiction and the recognition and enforcement of foreign judgments, a field where EU-made law traditionally largely governs court practice. Students having completed the class should not only be able to spot special and general issues such as characterisation, preliminary question, independent attachment, adaptation and ordre public but also be equipped with a method of how to approach and how to solve (find the applicable substantive law) on a step by step basis a private international law case from the perspective of a judge or an attorney. II. Vorlesung (HS 2010): "Private International Law" 1. Overview (time, location, contents) 2. Slides accompanying the lecture (print version here) 3. Statutory text: http://www.gesetze-im-internet.de/Teilliste_translations.html 4. Further sources of law and materials III. Verzeichnis der Lehraufträge seit 2002 :wird überarbeitet | |
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