International and European Procedural Law
   
Reference BLRECH03K00215
Taught in Elective Courses Third Year Second Cycle Law
Theory (A) 22.5
Exercises (B) 0.0
Training and projects (C) 0.0
Studytime (D) 90.0
Studypoints (E) 3
Level  
Credit contract? Unrestricted Access: student takes into consideration the conditions mentioned in Starting Competences
Examination contract? This course can not be taken through an exam contract
Credit contract mandatory if Exam contract? Course included in exam contract
Retake possible? Not applicable: periodic evaluation
Teaching Language Dutch
Lecturer Paul Torremans
Department RE11
Co-lecturers Johan Erauw
Key Words

International judicial authority , transnational , foreign judgment , European conventions, …

Position of the Course

See content.

Contents

The growing internationalisation of judicial matters means that more disputes with a transnational character come to the Belgian judge. Some fundamental procedural questions appear here: Has a foreign natural or juristic person access to the Belgian judge? Has the Belgian judge international judicial authority? Which are the foundations of this jurisdiction? How are judicial acts served abroad and how are investigation measures executed? How is the procedure? How does the judge get information about the foreign law to be applied? How is a foreign judgment executed in Belgium?
The investigation of these questions is the central issue of this course. Next to the rules of common law and the main international treaties, special attention will be paid to the important European Convention on Competence and Execution and the Convention of Lugano. The functioning of this convention is illustrated with some examples and on the basis of the interpretation given by the Court of Justice with respect to diverse regulations of the EEX- Treaty.

Starting Competences

Teaching and Learning Material

Text of the EEX-Treaty and some international treaties.
PERTEGAS, S. & VAN HOUTTE, H. (ed.), Europese IPR-Verdragen, Acco, Leuven, 1996, 410p.
BORN, H. & FALLON, H., Droit judiciaire interntaional. Examen de jurisprudence, JT , 1983 & JT, 1989.

References

Teaching Methods

Ex cathedra.

Evaluation Methods

A periodic exam.

Examination Methods

An oral exam.

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