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

2. Private International Law
Unit 20
Private International Law

3. 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.

4. 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...

5. 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 ___________

6. 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”?

7. 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

8. 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)

9. 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

10. 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

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

12. 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

13. 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)

14. 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).

15. 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

16. Language work
Do the exercises IV and V, pp

17. 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)

18. 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.

19. 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

20. 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)