LECTURE 5 - private international law

Question 1

Private International Law (definition)

Answer 1

Private International Law is a set of rules governing private relationships across borders

Question 2

Sources of P.I.L (4)

Answer 2

• Codified Standards (international treaties & national laws)
• Customs and principles
• Legal doctrine
• Case law

Question 3

Sources of Objective P.I.L in the EU (3)

Answer 3

• Rome regulation I ( regulation (EC) No. 593/2008 ) on the law applicable to contractual obligations
• Rome II (regulation (EC) No. 864/2007) on the law applicable to non-contractual obligations
• Brussels Regime (regulation (EU) No. 1215/2012) on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters

Question 4

Formal PIL rules define 3 aspects:

Answer 4

• Choice of law
• Choice of forum (court)
• Enforcability of the decisions of foreign courts

Question 5

Rome I Regulation

Answer 5

Harmonizes the choice of law within the EU in relation to all contracts

Question 6

Rome II Regulation

Answer 6

Harmonizes the choice of law in non-contractual relationships

Question 7

Lexis specialis (definition)

Answer 7

Lexis specialis governs choice of law for specific types of transactions including:

sales of goods,
real estate transactions, insurance contracts, 
labor contracts, 
damage, 
franchise

Question 8

CISG
- definition

• Applies when
• Regulates … goods
• Regulates (3)

Answer 8

Contracts for the International Sale of Goods

International treaty developed by the UN

Applies if the buyer and seller are situated in the CIGS member states

CISG regulates only the commercial goods, sold and bought by businesses

Regulates
the way contracts are made, responsibilities of the buyer and seller
and transer of the risk

Question 9

INCOTERMS
definition
apply when
regulate…

Answer 9

International Commercial Terms

Apply only if the parties explicitly refer to them in the contract

regulate matters pertaining to the relationships between the seller and the receiver of the good

Question 10

Three main matters of the INCOTERMS

Answer 10

• Who bears the costs for what part of the transport?
• Who is to ensure paymetn of insurances and taxes during each part of transport?
• Who bears the risk at different stages of the transport?