English for Law IV MODULE FOUR: INTERNATIONAL AND SUPRANATIONAL LAW Units 20 – 25 Presentations during summer term Individual presentation within the oral exam

Private International Law Unit 20 Private International Law

Compare the following situations: Validity of marriage / divorce? CASE A CASE B An Englishman and woman are British citizens, domicilied and resident in England, went through a ceremony of marriage in England. Later: the wife petitions an English court for a divorce. The spouses are still domiciled and resident in England. A British couple married in France, domiciled and resident in England at the time of marriage. Later on the husband petitions for divorce. At the time of his divorce petition his wife is domiciled and resident in France.

A situation in which a case contains a foreign element... TERRITORY A TERRITORY B A CASE involving more than one territory more than one legal system  CONFLICT OF LAWS TERRITORY: state, province, canton...

Foreign element Read the text p. 201 – 202 and make notes about possible foreign elements: 1. e__________ in a _______country 2. parties: - d__________ - r___________ - p__________ of ___________

Explain the term “private international law” Why “private”? Why “international”? Dicuss in which situations is the term “conflict of laws” more applicable than the term “private international law”?

Read the following defintion and underline the key words. Conflict of laws means discordance between the laws of one country and another, as applied to the same subject-matter,... Rules of law have been developed to deal with conflict of laws, rules for determining which country’s courts are the appropriate forum for the dispute, and which country’s law is the appropriate law for the resolution of the dispute. J. E. Penner: The Law Student’s Dictionary, Oxford, 2008

Compare... - rights between several nations or PUBLIC INTERNATIONAL LAW PRIVATE INTERNATIONAL LAW CONFLICT OF LAWS SUPRANATIONAL LAW - rights between several nations or - nations and the citizens or subjects of other nations - conflicts between private persons, natural or juridical, having relationship to more than one nation - the law of supranational organizations (e.g. EU law)

Topics to be decided in cases involving conflict of law the court jurisdiction (Which court has the competence to hear and determine a case?) choice of law - the selection of the appropriate rules of a system of law (English or foreign?) – factor that connects the dispute to the legal system of a particualr country – CONNECTING FACTOR the recognition and enforcement of judgements / decisions rendered by foreign courts

The legal basis for the three “conflict of law” elements 1. domestic law e. g. Croatia - Zakon o rješavanju sukoba zakona s propisima drugih zemalja u određenim odnosima, NN 53/91, 88/01 2. international treaties - cooperative procedures – mutual recognition of foreign rulings - obligation of a signatory state to adhere to the principles of the treaty

POSSIBLE connecting factors Read the text p. 203 and make notes about possible CONNECTING FACTORS:

Situations in matrimonial cases... POTENTIAL PROBLEMS the place of marriage ≠ the territory where divorce was filed the parties’ nationalities and residence do not match there is property in a foreign jurisdiction parties have changes residence several times during the marriage

Areas of law potentialy involving conflict of laws: Law of obligations (contracts, torts) Property and succession (property inter vivos, succession, matrimonial property relations) Family law (marriage, divorce, children)

Zakon o rješavanju sukoba zakona s propisima drugih zemalja u određenim odnosima, NN 53/91, 88/01 Glava prva OSNOVNE ODREDBE Članak 1. Ovaj zakon sadrži pravila o određivanju mjerodavnog prava za statusne, porodične i imovinske odnosno druge materijalnopravne odnose s međunarodnim elementom. Ovaj zakon sadrži i pravila o nadležnosti sudova i drugih organa Republike Hrvatske za raspravljanje odnosa iz stavaka 1, ovog članaka, pravila postupka i pravila za priznanje i izvršenje stranih sudskih i arbitražnih odluka. Read part II of this law “APPLICABLE LAW” and make notes about different situations and the rules about the applicability of law refering to them (e.g. Custody, contract, marriage). http://www.zakon.hr/z/113/Zakon-o-rje%C5%A1avanju-sukoba-zakona-s-propisima-drugih-zemalja-u-odre%C4%91enim-pitanjima

FORUM SHOPPING – U.S.A. a practice adopted by litigants to get their cases heard in a particular court that is likely to provide a favorable judgment. A plaintiff can select one forum on the following grounds: 1.The forum is not convenient to the defendant or his/her witnesses. There may be problems of expense of travel, health, or visa or entry permit. 2.The court, the judge, or the law is most likely to favour the plaintiff's case. A defendant can select a forum following on the following grounds: 1.The forum is not convenient to him/her; or

Language work Do the exercises IV and V, pp. 204 - 205

Important expressions - conflict of laws – private international law discordance between the laws foreign element the resolution of the dispute judicial jurisdiction recognition of foreign judgements territorial diversity of legal systems international / interstate / intercantonal conflicts... the choice of law to adhere to (a principle / a treaty)

Case example – where is the foreign element? A who has a French nationality and residence in Germany B who has American nationality, domicile in Arizona, and residence in Austria C a Swiss national, owns property in Switzerland a) A corresponds with B over the internet. They agree the joint purchase of land in Switzerland, currently owned by C, but they never physically meet. They execute initial contract documents by using mail, followed by a postal exchange of hard copies. A pays his share of the deposit but, before the transaction is completed, B admits that although he has capacity to buy land under his lex domicilii and the law of his residence, he is too young to own land under Swiss law.

Translate the following sentence. U užem smislu riječi, sukob zakona podrazumijeva sukob između zakona koji pripadaju različitim državama radi rješavanja konkretnoga slučaja koji može biti, po različitim osnovama, riješen primjenom zakona dviju ili više država. Pravni leksikon Leksikografskog zavoda Miroslav Krleža

Part II – Analyse the case Hodas v. Morin Prepare yourself – do the exercises IV and V, page 208 – 209 Read the case, pp. 206 – 208 and explain: - the facts = who is involved - the foreign element(s)