LJU4804 - Private International Law ACTUAL
EXAM QUESTIONS WITH ACCURATE AND
VERIFIED ANSWERS,100% CORRECT!!
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Terms in this set (155)
Sources of private - domestic (national)
international law - international
- national legislation
- case law (court decisions)
Sources in domestic law
- custom
- general principle of law
- international treaties and conventions (multilateral or
bilateral)
Sources of international - derived law from international orgs (EU or Hague
law conference)
- model laws or soft laws (model laws, principles,
non- binding guides)
Is PIL a national or national
international issue?
Which rule gives the State Article 149.1.8 of the Spanish Constitution
exclusive authority over
PIL?
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- Preliminary Title of the Civil Code (Articles 9 to 12)
- LOPJ (Organic Law on the Judiciary): regulates
international jurisdiction
Where do we find PIL
(Articles 21-25)
rules in Spain?
- International treaties ratified by Spain
- Case law from the Supreme Court and legal
doctrine
1. Spanish Constitution (CE)
2. European Union Law (once adopted)
What is the hierarchy of 3. International treaties
Spanish law? 4. Organic and ordinary laws
5. Decrees and regulations
6. Custom and general principles of law
What relevance does EU A lot! the EU has legislative powers over PIL.
law have in PIL?
Since when does the EU Since the treaty of Amsterdam (1997) and under the
have legislative powers TFEU
over PIL?
- Art. 81 TFEU: allows judicial cooperation in civil
matters ( jurisdiction, applicable law, recognition of
What is the current legal
judgments)
basis of EU PIL?
- Art. 67.4 TFEU: reinforces mutual recognition of court
decisions across the EU
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- Brussels I bis Regulation (1215/2012): Jurisdiction and
recognition of civil/commercial judgments
- Rome I Regulation (593/2008): Law applicable to
contracts
- Rome II Regulation (864/2007): Law applicable to
non-contractual obligations
Which secondary
- Rome III Regulation (1259/2010): Law applicable to
(regulatory) instruments
divorce and separation
are key?
- Succession Regulation (650/2012) (also known as
Rome IV or Brussels IV): Law applicable to cross-
border successions + European Certificate of
Succession
- Insolvency Regulation (848/2015) and Brussels II ter
(2019/1111) on family and children
- 1980 Vienna Convention on the International Sale of
Goods (CISG)
- CMR Convention on international road transport of
What international treaties
goods
has Spain signed?
- Conventions from The Hague Conference (e.g., child
abduction, successions,
child protection...)
In that case, Spanish national law applies, always
following this hierarchy:
What if there's no EU rule
1. EU Law
or bilateral treaty?
2. Bilateral/multilateral treaties
3. National rules
1. The Hague Conference on Private International Law
(HCCH)
Which organizations
2. UNCITRAL (UN Commission on International Trade
develop PIL rules?
Law)
3. UNIDROIT
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