UNIVERSITY Gran Mariscal de Ayacucho SCHOOL OF LAW SCHOOL OF LAW
Subject: PRIVATE INTERNATIONAL LAW
Year: Fifth Year Credit
U: 03
Hours / Year Week: 120/03
Theory Hours: 03
Code: 11015043
Priority: Public International Law
ITEM 1:
PRIVATE INTERNATIONAL LAW: CONCEPTS. LOCATION, NATURE, PURPOSE, AND LEGAL THEORY AJURIDICAS.
JUSTIFICATION
Private International Law is the set of rules aimed at resolving conflicts between private law of different nations.
Andrés Bello stated: "International Law and International Law, is the collection of laws or general rules of conduct which nations or states must observe each other for security and common welfare." Thus, private international law issues is timely, private and special, in which seems to be no conflict or clash between laws of different states, where these relate to the person or things from an individual who is in relation to both. A foreigner can sometimes be forced on the one hand, to fulfill the obligations his country and by the other party which prescribes his residence.
For some authors, the rules that make private international law, not international because they have been dictated by a higher authority or supranational states, rather than that, are essentially national. The international term is justified when taking into account the factual circumstances, subject to regulation, which transcend national boundaries
The Private qualifier in Venezuela supports a broad concept, such as the study of foreign elements of civil, commercial, administrative or civil proceedings, so the private international law, is intended to address other problems in important areas of public law. GOAL
corresponds to the Science of Private International Law, the choice and proper solution of the legislation or the law applicable to a real life situation, which is connected to several actors, ie the application of the substantive provisions of law or Rule of Private International Law, thus, resolve the issues in dispute.
legal standards in each country are conditioned by natural events and by the peculiar circumstances of each country, their racial, their religion, geography and climate, customs, culture and traditions. These are factors that have an almost complete dominance in the System of Industrial Relations Law. Claim an absolute legal uniformity is a totalitarian position that does not converge to a contemporary world, where mechanisms such as globalization of Nations may be absent from ideological considerations, political and social reactions, group and sector strength, apart from cultural factors in his concept broader. Attempts successful as those found in the forms of integration or economic unions in Europe and Asia and recently in Latin America and North America have shown the concert of Nations in some of these schemes have given examples of legal convergence necessary for free movement of persons and property factors. International Trade with the figures of strategic partnerships and other profit-sharing schemes between state corporations and multinational companies are governed by legal mechanisms that should be well amalgamated, in order to avoid unnecessary delays and legal clashes that could cause delays in business generated between countries.
Studying the subject responds to a set of factors that must be integrated and far better supported with the domestic laws of the parties involved. Corresponds to the legal scholar, meet the criterion that move to different nations, without losing sight of much needed items such as the ethics of human behavior and perfect channeling within the legal orders involved. SPECIFIC OBJECTIVE
The elements involved in human relations, nationality or domicile of the parties, the location of property, venue or performing the act or contract, marriage in countries other than nationality of origin, separation or divorce of spouses abroad and its compatibility with the civil codes of the countries involved, the jurisdiction of crimes, and others, are connected to a different legal system to that in which it arises and where it should eventually decide the dispute. The study of various cases on the execution of foreign judgments and awards, analysis and approaches will place the participant in the management of important international legal situations. ANALYTICAL PROGRAM
UNIT I
Specific Objectives:
• The comprehensive knowledge of the historical development of Private International Law the study of the universal legal dimension and the relationship of conflicts that arise between the international life of man and the concurrence of the various legal regulations.
· Temperament state standards DIP
· Validity limited territorial solutions and extraterritoriality of foreign judgments.
· duality of methods to achieve international harmony solutions.
Item 1:
Private International Law. Concept. Object. Purposes. Characteristics. Denominations. Budgets for the existence of private international law. Conceptions of the DPI. Nature of Private International Law concerning with other areas of law. Differences. Extraterritorial laws and foreign judgments. Reviews.
Item 2:
Sources of Private International Law. Treaties. Usual. Jurisprudence of the doctrine. Doctrine. National legislation. International Conventions. Venezuelan conception of private international law.
Item 3:
Historical Evolution of Private International Law. Historical development of doctrinal systems. The annotator. Italian School. Statutory school French and Dutch. Anglo-American system. Background and characters. Savigny system. Mancini Italian system. Doctrines German. Contemporary American doctrine. UNIT II
Specific Objectives:
· Terms of Conflict and its processes towards unification. Regional unification efforts of America and Europe.
· The importance of the unification of the substantive rules and legislation.
• Study of cases of conflict of laws of personal, real and formal or behaviorist.
· Special reference to nationality, domicile and legal status abroad.
• The forwarding of the first and second grade and treaty obligations.
• The domestic and international public policy and laws.
• The fraud to law legal uncertainty. Contemporary solutions.
Item 4:
Standard Theory of Conflict. Structure and problems of the standard indirect. Connecting factors and classification. Classification of the rules of private international law. Standards Import and Export. Unilateral and bilateral rules.
Item 5:
Problems of the Structure of Private International Law Standard. Qualifications. Introduction. Jurisprudence cases. Collision Theory. Solution criteria. Venezuelan law. Forwarding. Jurisprudential field. Rating and Reviews. International Public Policy. Historical and Doctrinal Evolution. National Legislation. The exception to the Law of Fraud Concept. Requirements. Sanctions and their scope. Legal uncertainty caused by the Doctrine of the Law Fraud Contemporary Solutions. Venezuelan project.
Item 6:
The Country in Private International Law. Nationality. Principles. Personal Law. Top of Address. Recall rules and Recovery. Venezuelan law. Originally nationality. Acquired citizenship. Naturalization. Classes. Conflict of Laws. Bustamante Code.
UNIT III Specific Objectives:
· National original and acquired, naturalization and legal status of foreigners.
• Treatment of foreign law proceedings. Traditional doctrine, criticism. Modern doctrine, basic postulates. • Resources
appeal. Venezuelan position.
• The personal status as a regulator of relations concerning the existence of man.
• The political state, family and personal as the individual's legal position in society and family.
• The ability of the individual in relation to their duties and legal rights.
• The personal law related to nationality and residence.
• Study of the situation legislative law more favorable. Case studies. Mobile
· The conflicts produced by the change of personal law.
• Study of Private International Law Code regarding marriage, annulment, divorce and more.
Item 7:
The Legal Status of Foreigners as Object of Private International Law. General concepts and comparative analysis in the case of Venezuela, between the Venezuelan native and naturalized Venezuelan, to the legal status of foreigners. Special reference to political and civil rights.
Item 8: Civil Law
and International Trade. Commencement and termination of the personality of individuals. Personal Status and the importance of Personal Law in the birth, death and the presumption of death. General principles governing the predecease and Conmoriencia. The regime of Absence. The State and the capacity of natural persons: The Lex in negotii favored. Interdiction and Disable. Mobile conflict.
Item 9:
Marriage. Choice of celebration in the light of comparative law. The betrothal. Material requirements. Proof of the marriage. Personal effects and property. Approach adopted by the Venezuelan system of law Private International.
Item 10:
Divorce. The separation and marriage annulment. Doctrinal problems and solutions proposed in the field of private international law. Mobile conflict. System of domicile and nationality. Personal and financial effects of divorce and separation. Comparative Law. Approach adopted by the Venezuelan system. UNIT IV
Specific Objectives:
• The adoption and formulate their views.
• Study of the Venezuelan system. Movable and immovable property and the law of the place where they are located, their relationship with the individual.
• The local law required. Venezuelan law and the property regime, unilateral standard and export standard.
Item 11:
The Parentage and their classes. The adoption and their views on Comparative Law. International adoption. Solutions provided in the Venezuelan system. Special reference to the reservation of the relevant articles of the Code of Bustamante. The problems in the field of international legal relations of a private nature relating to: Custody, Emancipation, Guardianship, Conservatorship and food claim.
Item 12:
Unit Probate in the Field of Private International Law. The Lex Rei Sita. Probate and intestate. Probate capacity and changes of nationality of the testator. The legitimate and Comparative Law. Solutions proposed by the Venezuelan system of private international law.
Item 13:
The Conventional and Extra Contractual Obligations. The autonomy as a principle of private international law. Public Order all. Laws of the place of the Contract. The Lex Locci executionis. Laws of the domicile of the debtor and the creditor. The statute of limitations. Wrongful acts. Business management. Quasi. The contract of employment. Solutions Venezuelan system of private international law. UNIT V
Specific Objectives:
* Principles of equal civil and economic freedom versus the position of feudal land ownership.
· Rise of the distinction between movable and immovable property and the various streams for its regulation legal.
• Act required local and public order.
• Act of the home and property. Property and the owner.
· The goods subject to special arrangements by purpose, fixed location and personal law of the owner.
· Real body and international travel.
• Study of the Venezuelan system Article 10 of the Civil Code. Bustamante Code and the regulation uniform of the property.
· Code of commerce and the law of negotiable instruments.
· Lex mercatoria: party autonomy, pacta sunt servanda and arbitration.
Item 14:
The Legal Status of Real. General Principles of Private International Law applicable: The Lex Rei Sita and address of the owner. Special reference to the Italian Civil Code, English, Brazil, Mexico and the Treaty of Montevideo. Special reference to rights in tangible and intangible property and assets. Movable property subject to special arrangements. Solutions proposed in the Venezuelan system.
Item 15:
Legal Persons with special emphasis on Corporations. Fundamental problems of his personality and the determination of applicable law. Differences between corporations and multinationals. The address of these companies. Venezuelan legal regime and solutions contained in the Cartagena Agreement.
Item 16:
The Bill of Exchange and Cheque. Main problems of private international law generated by these instruments exchange. Solutions provided in the Venezuelan system of private international law. Special reference to the Inter-American Conventions on the subject. UNIT VI
Specific objective:
The two themes of the sixth unit of study of the program, be part of the ultimate goal, what is the structure and defense of a paper linked to a case study in which participants should prepare a study on conflict of laws given previously selected along with the teacher and which should be linked with 60% of the specific objectives of the program. This strategy allows the teacher to assess comprehensive knowledge of the material obtained by the student.
Tema17:
International Civil Procedural Law. Applications Foreign Law. Testing and Procedural Treatment of foreign law. International Competition of the Courts. Immunity from Jurisdiction. The agreements of the parties. Arbitration. The treatment of foreigners in the process. Test Regime in Procedural conflicts Private International Law.
Item 18:
Recognition and Enforcement of Foreign Judgments and Awards. The exequatur. Requirement to form and substance. The approval in the Venezuelan system of Private International Law
Note:
Participants must work in a case study, applying the knowledge gained during the implementation of agenda items, this essay will be evaluated at the end of the course. Its development should begin from the second unit and throughout the course. The teacher will discuss the different cases to study particularly with each participant. Participants in groups of no more than three, exhibited during the period of duration of the course, a case of conflict of laws connected with a specific agenda item as it continues to advance its development.
BIBLIOGRAPHY
- Bonnemaison W., Joseph Luis.Temas Private International Law. Caracas, 1976.
- Brewer Carias. Administrative Legal System of the Nationality and Citizenship Venezuela, Caracas, 1965. Febres
- Poveda. Notes on Private International Law, Mérida, 1946. War
- Iñiguez, Daniel. Private International Law. Caracas, 1967-1973.
- Herrera Mendoza, Lorenzo. Private International Law Studies and Related Topics. Caracas, 1960.
- Muci Abraham, Joseph. Venezuelan Court on forwarding. Faculty of Law Review. UCV Caracas 1956.
- Muci Abraham, Joseph. Proof of Foreign Law in Venezuelan law. Law School Bulletin, UCV Caracas, 1952.
- Miaja De La Muela, A. Private International Law. Madrid, 1972.
- Mauri, Jacques. Private International Law. Puebla, Mexico. 1972.
- Neuhaus, Paul. Venezuelan Project Standards Act on Private International Law. Observations of Comparative Law. Caracas, 1970.
- Valladao, Harold. Doctrinal emergence of private international law. Caracas, 1970. BUSTAMANTE
- CODE LAW OF PRIVATE INTERNATIONAL LAW. Published in Official Gazette No. 36511 of 06 February 1998,
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