
Private International Law
Code: 102259Credits: 9
| Degree programme | Type | Course |
|---|---|---|
| Law | OB | 4 |
Contact lecturer
- Name :
- Rafael Arenas Garcia
- Email :
- rafael.arenas@uab.cat
Teaching staff
- Antoni Abat Ninet
- Miquel Gardeñes Santiago
- Josep Gracia Casamitjana
- Rafael Arenas Garcia
- Roger Canals Vaquer
- Milagros Orozco Hermoso
- Josep Suquet Capdevila
Group languages
You can consult this information at the end of the document.
Prerequisites
Notice: teachers will address communications or any news to the students through the moodle (campus virtual), notwithstanding the possibility of using, additionally, other means of communication. Therefore, it is necessary to consult the moodle regularly.
There are no previous requirements, except from those relating to the language in which the different groups of theory and seminars are taught. Teachers and languages of the different groups are the following:
Group 1:
Theory: Rafael Arenas. Spanish.
Seminar 11: Rafael Arenas. Spanish.
Seminar 12: Josep Suquet. Spanish.
Seminar 13: Milagros Orozco. Spanish.
Group 2:
Theory: Josep Suquet. English.
Seminar 21: Josep Suquet. English.
Seminar 22: Antoni Abat. English.
Seminar 23: Roger Canals. English.
Group 51:
Theory: Josep Gràcia and Milagros Orozco. Catalan.
Seminar 511: Josep Gràcia. Catalan.
Seminar 512: Milagros Orozco. Catalan.
Seminar 513: Antoni Abat. Catalan.
Group 70:
Theory: Miquel Gardeñes. Catalan.
Seminar 701: Miquel Gardeñes. Catalan.
Seminar 702: Antoni Abat. Catalan.
The teaching of the subject will be taught taking into account the perspective of the Sustainable Development Goals.
Objectives
- Understanding the legal problems arising from international private-law relationships, taking into consideration both procedural and substantive aspects.
- Identifying in a specific case the issues regulated by private international law and understanding their relationships with other branches of the legal system.
- Knowing the basic elements of the Spanish system of private international law, taking into account domestic law, international treaties applicable in Spain and the law of the European Union.
Learning outcomes
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Identifying and solving problems.
- Students must be capable of learning autonomously and having an entrepreneurial spirit.
- Working in multidisciplinary and interdisciplinary fields.
- Memorising and using the specific terminology of Public International Law, Private International Law and European Union Law.
- Identifying and knowing the basic contents of every stipulated speciality.
- Assessing legislative changes and reforms in a context of plurality of systems.
- Identifying and assessing the changes and evolution of jurisprudence in a context of plurality of systems.
- Building a legal reasoning or discourse in the field of Public International Law, Private International Law and European Union Law.
- Assessing the underlying conflicts of interest in the legal problems proposed in an international environment.
- Integrating the importance of Law as a regulatory system of social relations, and the contextualisation of the legal phenomenon in the international environment.
- Applying an interdisciplinary and integrated vision of the legal problems in an international environment.
- Using the constitutional values as a criterion for interpretation and solution of conflicts, specially in case of a contradiction between the main fundamental principles of several legal systems.
- Present information in a way that is appropriate to the type of audience.
- Seek out, interpret and apply legal provisions related to Public Internacional law, Private International Law and European Union Law.
Contents
PROGRAMME OF PRIVATE INTERNATIONAL LAW (hereinafter, PIL)
Lesson 1
Object, concept and content of PIL.
- Preconditions: plurality of legal systems and international private relationships.
- The aim of PIL. The concept of PIL.
- Its content: possible approaches and issues included.
- The internal dimension of the PIL system: states with more than one legal system (plurilegislative states). Spain as a plurilegislative State.
Lesson 2
Sources of PIL.
- The Constitution and international treaties on human rights as main principles of the system.
- Internal sources.
- International sources: different kinds of international treaties. The role of the Hague Conference on Private International Law.
- European Union law.
- Lex mercatoria.
Lesson 3
International jurisdiction (I).
- Introduction to international jurisdiction.
- Regulation 1215/2012: its temporal and material scope.
- Role of the domicile of the defendant.
- Exclusive competences.
- Choice of forum by the parties.
- Tacit submission.
- Special heads of jurisdiction.
- Weak party protection forums.
- Provisional and protective measures.
- Lis pendens and related actions.
- Ex officio examination of jurisdiction.
- Ex parte challenging of international jurisdiction.
- The Hague Convention of 2005 on Choice of Court Agreements.
Lesson 4
International jurisdiction (II).
- Spanish internal law: the Organic Law on the Judiciary, as modified by Organic Law 7/2015, of 21 July.
- State immunities from jurisdiction and enforcement: the Organic Law 16/2015.
- Structure of the system of rules on international jurisdiction of civil and labour courts.
- The rule on derogatio fori.
- Ex officio examination of international jurisdiction.
- Ex parte challenging of international jurisdiction: the "declinatoria" (declinatory plea).
- International lis pendens and related actions in Law 29/2015, of July 30, on International Legal Cooperation in Civil Matters.
Lesson 5
Regulatory techniques in the field of applicable law.
- Regulatory techniques: concept, functions and types.
- The "direct" technique: special substantive rules.
- The "direct" technique: overriding mandatory rules (lois de police).
- The "indirect" technique: conflict-of-laws rules: concept, applicability, types and function. Elements of the conflict-of-laws rule: operative facts, connecting factor and legal consequence.
- Flexibilization of conflict-of-laws rules: flexibilization of the rule and of the connecting factors.
- Complementarity and differences between the direct and the indirect technique.
Lesson 6
Issues related to the application of rules on conflict of laws.
- Characterization and conflict of characterizations.
- Renvoi.
- Preliminary or incidental question.
- Referral by the conflicts rule to a State with more than one legal system: autonomous solution, solutions of international treaties and solutions of the EU regulations.
- Issues related to time: mobile conflict, transitory international conflict and succession in time of conflict rules.
- Exceptions to the application of foreign law: the public policy exception. Law circumvention or fraude à la loi.
Lesson 7
Rules of conflict of laws regarding contractual and non-contractual obligations.
- Conflict of laws rules relating to contracts: Regulation 593/2008, of June 17 2008, on the law applicable to contractual obligations (Rome I Regulation).
- Its scope.
- Choice of law by the parties.
- Applicable law in the absence of choice by the parties.
- Capacity to contract and form of the contract.
- Weak party contracts: special consideration of consumer contracts and employment contracts.
- Overriding mandatory provisions.
- Conflict of laws rules regarding non-contractual obligations: Regulation 864/2007, of July 11 2007 (Rome II Regulation).
- Spanish internal law.
- International agreements: special consideration of the Hague Conventions of 14 May 1971 (traffic accidents) and 2 October 1973 (responsibility for products).
Lesson 8
Application of foreign law.
- Mandatory character of the conflicts rule and procedural treatment of foreign law.
- Allegation of foreign law.
- Proof of foreign law.
- The role of the judge in the application of foreign law.
- International conventions and other instruments aimed at facilitating information on foreign law.
- The application of foreign law by non-judicial authorities.
Lesson 9
Recognition and enforcement of foreign decisions.
- Introduction and general concepts.
- Systems for managing recognition:
- A) Need of an exequatur procedure for all the effects of recognition: the former Spanish civil procedure act, of 1881.
- B) "Automatic" or ex lege recognition and need of exequatur as a prerequisite for enforcement.
- C) "Automatic" or ex lege recognition of all effects, including the executive effect.
- The general and subsidiary regulation in Spanish internal law: Title V of Law 29/2015.
- Recognition and enforcement in Regulation 1215/2012.
- Other examples of suppression of exequatur procedures in the EU: the European enforcement title for uncontested claims (Regulation 805/2004). The European order for payment procedure (Regulation 1896/2006). The European small claims procedure (Regulation 861/2007).
- The Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments.
- The borders between the areas of applicable law and recognition of decisions: the "recognition method".
Lesson 10
Effects of foreign public documents.
- Introduction.
- The form of legal acts: law applicable to formal validity.
- Foreign public documents before Spanish authorities: evidentiary effect of foreign public documents in judicial proceedings. The access of foreign public documents to Spanish public registrars.
- Formal or extrinsic authenticity of foreign public documents: diplomatic or consular legalization.
- The Hague 1961 apostille convention. International instruments on international judicial assistance and/or recognition of decisions that exempt from legalization.
- Regulation (EU) 2016/1191.
- Criteria for the application of the different provisions on authentication of public documents.
- Translation requirements.
Lesson 11
The law governing the procedure and international judicial assistance in civil matters.
- The law governing procedural issues: the lex fori regit processum rule and its exceptions.
- International service of documents: the different service procedures. The Hague Conventions of 1954 and 1965.
- Regulation 2020/1784, of November 25 2020.
- Assistance in the taking of evidence: The Hague Conventions of 1954 and 1970. Regulation 2020/1783, of November 25 2020.
- Spanish internal law relating to international judicial cooperation in civil matters: Law 29/2015.
- Cooperation and information tools: the European Judicial Network in Civil and Commercial Matters.
Learning activities and methodology
| Title | Hours | ECTS | Learning outcomes |
|---|---|---|---|
| Lectures | 41.5 | 1.66 | 7, 8, 9, 11, 12, 14 |
| Seminars | 22 | 0.88 | 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16 |
| Preparing practical cases and seminars | 57 | 2.28 | 4, 6, 7, 9, 11, 12, 14 |
| Study | 99 | 3.96 | 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14 |
Teaching methodology
The students' learning process is organized around three types of educational activities:
1. GUIDED ACTIVITIES
These activities take place in the classroom, during the scheduled hours for the course, and involve the active participation of the teaching staff. They include lectures by the teaching staff, questions from students, and other activities aimed at helping students acquire the basic knowledge of the subject and the necessary competencies.
Starting in the 2023/2024 academic year, classes in Private International Law are divided into theory classes and seminars. The theory classes are based on the teaching staff's presentation of the fundamental aspects of the course syllabus. The seminars will primarily focus on solving practical cases and conducting other activities that allow for a deeper understanding of specific topics, such as preparing presentations and completing various exercises, either individually or in groups. They may also include guest lectures relevant to the course subject. Participation in the seminars requires an active attitude from students: first, through the preparation of sessions via prior readings and searching for necessary documents; and second, through active participation during the seminars, either orally or in writing, as indicated by the teaching staff in each case. Students are encouraged to ask questions to clarify their doubts, both during theory classes and seminars.
The primary working materials will be the legal texts covered during the course and the recommended bibliography (see the corresponding section). Additional materials may be provided through the virtual campus. Relevant regulations will be analyzed during the classes, so it is essential that students have access to these materials during both theory classes and seminars.
2. SUPERVISED ACTIVITIES
Individual and group tutorials, when necessary.
3. INDEPENDENT ACTIVITIES
Independent activities include all those in which students manage their time and effort autonomously, either individually or in groups. This includes reading and studying legal texts, textbooks, case law, and other materials, as well as researching the resources necessary to prepare for classes and, especially, seminars.
Reading and studying the textbook Lliçons de dret internacional privat (Barcelona, Atelier, latest edition of 2026) can be particularly helpful, especially for preparing the theoretical part of the course.
Regarding the development of skills to solve practical cases, the best approach is obviously the prior preparation of the cases discussed during the course and regular attendance and participation in the seminars. In any case, and especially for those who are unable to attend and regularly complete the course's practical activities, the following self-study workbook (with solutions) is recommended: Arenas García, Rafael, Casos básicos de Derecho internacional privado con sus soluciones (Barcelona, Atelier, 2023, 2nd ed.).
NOTE: Fifteen minutes of one class session, within the schedule established by the faculty or degree programme, will be reserved for students to complete surveys evaluating the teaching staff's performance and the course.
Assessment
Continuous assessment activities
| Title | Weight | Hours | ECTS | Learning outcomes |
|---|---|---|---|---|
| Final practical exam | 25% | 1.5 | 0.06 | 2, 3, 4, 5, 6, 7, 9, 10, 11, 14, 16 |
| Final exam (theory) | 50% | 1 | 0.04 | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 |
| First practical case | 12,5% | 1.5 | 0.06 | 2, 3, 5, 7, 11, 14, 15, 16 |
| Second practical case | 12,5% | 1.5 | 0.06 | 2, 3, 5, 7, 11, 14, 15, 16 |
Assessment
Continuous Assessment Activities
[The table is kept: First practical case 12.5% (1.25 points out of 10); Final exam (theory) 50% (5 points out of 10); Final practical exam 25% (2.5 points out of 10); Second practical case 12.5% (1.25 points out of 10).]
REGULAR ASSESSMENT
The course assessment will be conducted as follows:
a) 50% of the final grade (up to 5 points) will correspond to the final theoretical exam. This exam will be oral, and in it students must demonstrate their command of the subject.
b) 25% of the grade (up to 2.5 points) will correspond to a practical test held at the end of the course, on a date that will be announced at the start of the course via the virtual campus.
c) 25% of the grade (up to 2.5 points) will correspond to two written in-class assignments, on dates to be announced at the start of the course via the virtual campus. Each of these two assignments will count for 12.5% of the final grade (up to 1.25 points each).
The practical tests that count towards the grade —the two in-class assignments completed during the course [section "c)"] and the final practical test [section "b)"]— must be completed without the use of any materials, with the sole exception of the course syllabus and, in groups taught in English, a dictionary of that language or a bilingual one (English and another language). In the final theoretical exam [section "a)"], only the course guide may be consulted.
d) The final grade will result from the weighted average of the final theoretical exam [section "a)"], the final practical test [section "b)"], and the two in-class assignments [section "c)"]. Failure to complete the assignments specified in section "c)" does not prevent passing the course, provided that the grades obtained in the exams under sections "a)" and "b)", using the weighting criteria described, achieve a sufficient overall average according to the general academic regulations applicable at UAB.
In order to be assessed, students must attend at least one of the practical activities indicated in sections "b)" or "c)". If this condition is not met, the student will receive a grade of "not assessable". This condition does not apply to those who choose the single assessment option (see the relevant section below).
Final grades publication will include information on the date for grade review. This review may include all assessable activities completed during the course.
During the course, students may request meetings with the teaching staff to discuss the rationale behind their grades and the assessment criteria applied. These meetings do not preclude the possibility of a later exam review, as governed by the paragraph above.
REASSESSMENT
Students who have not passed the course in the regular assessment may take the reassessment. Students who have passed the course in the regular assessment may not take the reassessment to improve their grade.
The reassessment will include a theoretical exam with the same format as the regular-assessment theoretical exam (section "a)") and a practical test (section "b)"). Therefore, the grades obtained in the theoretical and practical reassessment will account for 75% of the final grade. The remaining 25% will correspond to the two in-class assignments completed during the course, referenced in section "c)" of the regular assessment; these cannot be reassessed.
Students may choose to sit the reassessment for both the final theoretical exam and the final practical case, or only for one of the two. In the latter case, the grade from the non-reassessed component obtained in the regular assessment will count toward the final grade.
SINGLE ASSESSMENT OPTION
On 30 May 2022, the UAB Academic Affairs Committee approved the single-assessment option, by amending article 265 of UAB's Academic Regulations. This single assessment is considered an exception to the general evaluation system and is therefore only available to those who explicitly request it. Its implementation will follow the substantive and procedural conditions determined by each faculty. Therefore, students wishing to use the single-assessment option for Private International Law may apply under the specific regulations of the Faculty of Law. See the following link: https://www.uab.cat/doc/PautesAvaluacioUnica
The single assessment will consist of three tests:
- Theoretical exam (50% of the grade).
- Practical case (40% of the grade).
- Additional question, practical exercise, or text commentary (10% of the grade).
-
To pass the course, students must obtain a sufficient overall average according to the general academic regulations applicable at UAB.
The theoretical exam will be oral, following the same rules as in the regular assessment. Both the practical case and the additional question, practical exercise, or text commentary must be completed without the use of materials, with the exception of the course syllabus.
REASSESSMENT OF THE SINGLE ASSESSMENT
Students opting for the single assessment also have the opportunity for reassessment if they fail in the regular call. The reassessment will likewise consist of a theoretical exam, a practical case (40% of the grade), and an additional question, practical exercise, or text commentary (10% of the grade). To pass, students must again achieve a sufficient overall average under UAB's general academic rules. Students may choose to reassess all three components or only some of them. In the latter case, the grade from the non-reassessed component obtained in the regular assessment will be carried forward to the final grade.
USE OF AI
The use of AI in assessable activities is not permitted in this course.
FRAUDULENT CONDUCT
IMPORTANT: If a student copies, commits plagiarism, or is found using a prohibited device during an assessment activity, the teaching staff will grade that assessment activity with a 0, and will notify the Dean's Office of the Faculty by submitting a report on the circumstances and evidence of the incident, requesting that disciplinary proceedings be opened against the student. This assessment activity will not be recoverable. If more than one irregularity occurs in the assessment activities of the same course, the final grade for that course is 0.
Bibliography
Preliminary note: in accordance with the criteria indicated by the social sciences library, the bibliography is divided into "obligatory" and "recommended". In addition, since group 2 is taught in English, references in that language are also included below.
1. Obligatory bibliography:
1.1. Even though it is not "bibliography" in a strict sense, to follow the course it is absolutely necessary to work with the various private international law legal texts that will be dealt with during the course. Among others, the following compilations of legal texts may be recommended (usually edited each year):
- Legislación básica de Derecho internacional privado, Madrid, Tecnos (last edition).
- Legislación de Derecho internacional privado, Granada, Comares (last edition).
- Derecho internacional privado, Navarra, Thomson Reuters / Aranzadi (last edition).
- "Kodex" compilation, available in the institutional repository of the University of Murcia: https://hdl.handle.net/10201/158509
1.2. Textbooks: Font i Segura, Albert, and others, Lliçons de dret internacional privat, Barcelona, Atelier, 2026. Please note that only those lessons of the textbook dealing with topics included in the UAB syllabus would be compulsory, namely lessons 1 to 10 and 18 to 19.
2. Recommended bibliography:
2.1. Textbooks and treatises in Spanish:
- Garcimartín Alférez, Francisco José, Derecho internacional privado, Cizur Menor, Civitas / Thomson Reuters (last edition), available in electronic version.
- Fernández Rozas, José Carlos / Sánchez Lorenzo, Sixto Alfonso, Derecho internacional privado, Navarra, Thomson Reuters, last edition; available in electronic version.
- Esplugues Mota, Carlos Aurelio / Iglesias Buhigues, José Luis / Palao Moreno, Guillermo, Derecho internacional privado, Valencia, Tirant lo Blanch, last edition; available in electronic version.
- Calvo Caravaca, Alfonso Luis / Carrascosa González, Javier, Tratado de Derecho internacional privado (3 volumes), Valencia, Tirant lo Blanch, last edition, available in electronic version.
- González Beilfuss, Cristina / Añoveros Terradas, Beatriz, Introducción al Derecho internacional privado, Barcelona, Atelier, 2ª ed. 2024.
2.2. Textbooks and other bibliography in English:
- Van Calster, Geert, European Private International Law. Commercial Litigation in the EU, 4th edition. Oxford, UK/New York, NY, Hart Publishing, Bloomsbury Publishing Plc, 2024. Available online at https://www.uab.cat/ca/biblioteques/cercador.
- Bogdan, Michael / Pertegás Sender, Marta, Concise Introduction to EU Private International Law, Europa Law Publishing, 2025.
- Wilke, Felix M., A conceptual analysis of European Private International Law, Intersentia, 2019.
- Cuniberti, Gilles, Conflict of Laws: A Comparative Approach. Text and Cases, Elgar, 2022.
- Requejo Isidro, Marta (ed.), Brussels I Bis, A Commentary on Regulation (EU) No 1215/2012, Elgar Commentaries in Private International Law series, 2022.
- Guinchard, Emmanuel, Rome I and Rome II in Practice, Intersentia, 2020.
- Hill, Jonathan / Shúilleabháin, Máire Ní, Clarkson & Hill's conflict of laws, Oxford University Press, 2016.
- Torremans, Paul et al. (eds.), Cheshire, North & Fawcett: private international law, Oxford University Press, 2017.
- Beaumont, Paul / Holliday, Jane (eds.), A Guide to Global Private International Law, Bloomsbury, 2022.
- Carrascosa, Javier et al., Private International Law. General Legislation, Barcelona, Atelier, 2024.
Note: as far as group 2 is concerned, which is taught in English, the textbook Lliçons de dret internacional privat (Barcelona, Atelier, 2026) will not be "obligatory", in the sense explained above, given that a large number of the students in this group come from academic exchange programmes and are usually not familiar with the Catalan language.
2.3. Compilation of practical cases (with solutions):
- Arenas García, Rafael, Casos básicos de Derecho internacional privado con sus soluciones, Barcelona, Atelier, 2023, 2nd ed.
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Apart from the texts mentioned above, other materials may be made available to students through the virtual campus (moodle).
Software
This course does not require any specific software.
Course groups and languages
The information provided is provisional until November 30. After this date, you will be able to consult the language of each group through this link. To access the information, you will need to enter the course CODE
| Type of teaching | Group | Language | Semester | Shift |
|---|---|---|---|---|
| (TE) Theory | 1 | Spanish | first semester | morning-mixed |
| (TE) Theory | 2 | English | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 11 | Spanish | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 12 | Spanish | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 13 | Spanish | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 21 | English | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 22 | English | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 23 | English | first semester | morning-mixed |
| (TE) Theory | 51 | Catalan | first semester | afternoon |
| (TE) Theory | 70 | Catalan | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 511 | Catalan | first semester | afternoon |
| (SEM30) Seminaris (30 estudiants per grup) | 512 | Catalan | first semester | afternoon |
| (SEM30) Seminaris (30 estudiants per grup) | 513 | Catalan | first semester | afternoon |
| (SEM30) Seminaris (30 estudiants per grup) | 701 | Catalan | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 702 | Catalan | first semester | morning-mixed |