MVV282K Autonomy of the Will in the Cross-border Family Relations and Succession

Faculty of Law
Spring 2019
Extent and Intensity
0/1/0. 5 credit(s). Type of Completion: k (colloquium).
Teacher(s)
JUDr. Elena Júdová, Ph.D. (seminar tutor), doc. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
Guaranteed by
doc. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV282K/01: Wed 27. 3. 8:00–9:40 025, Thu 28. 3. 18:00–19:40 025, Fri 29. 3. 8:00–9:40 025, 10:00–11:40 025, Wed 3. 4. 12:00–13:40 038, E. Júdová
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 0/30, only registered: 0/30
fields of study / plans the course is directly associated with
there are 37 fields of study the course is directly associated with, display
Course objectives
Course focuses on the issues of choice of law and choice-of-court in family law and succession matters, with emphasis to the instruments of EU Private International Law.
Learning outcomes
At the end of the course students will be able
- to understand the basis and the scope of the realisation of the autonomy of the will in cross-border family and succession matters,
- to identify the situations when is it possible to choose the law and/or to choose the court in these matters,
- and to apply the EU law provisions on choice of law and choice-of-court.
Syllabus
  • 1. Autonomy of the will in Private International Law, common features and differences of autonomy of the will in civil and commercial matters and in family law matters
  • 2. Choice-of-court and choice of law in matrimonial matters and in parental responsibility
  • 3. Choice-of-court and choice of law in maintenance obligations,
  • 4. Choice of law and choice-of-court in matrimonial property relations
  • 5. Choice of law and choice-of-court in succession matters
Literature
  • See Teacher's Information for full details.
Teaching methods
Lectures and seminars, solving of model situations
Assessment methods
written test
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
Teacher's information
Literature

BOGDAN, Michael. Concise introduction to EU private international law. Third edition. Groningen: Europa Law Publishing, 2016

◦ Regulation (EC) 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility

◦ Regulation (EU) No 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation

◦ (Hague 1996) Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children

◦ Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations

◦ (Hague 2007) Protocol on the law applicable to maintenance obligations

◦ Regulation (EU) 2016/1103 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes

◦ Regulation (EU) No 650/2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession

  • Enrolment Statistics (recent)
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