DESCRIPTION OF THE COURSES – Summer school 2021
The Civil Law System in a Comparative Perspective (8 hours)
The course will bear on “continental law” in general and focus on the main features of the civil law systems that are its component parts. A comparison will necessarily be made with some common law systems, mostly England and the United States. Special emphasis will be placed on the following points: 1 – The historical formation of the civil law systems, from the fall of the Roman Empire to the revival of Roman law in the XIth and XIIth centuries, to the great movement of codification which started in Europe in the 19th century and spread throughout the world. 2 – The fundamental role of the sources of law with a distinction between primary sources and secondary sources and their inter-action. 3 – The structure of the civil law systems: divisions and principal actors. 4- Civil law methodology contrasted with common law methodology in practice: analysis of cases and problems. 5- Conclusion: a common law look at the civil law.
European and International Contract Law (8 hours)
The course deals with the topics of European Contract Law and International Commercial Contracts. As to European Contract Law, the analysis concerns the problematic aspect of the diversity of legal systems and the significance of the General Principles of European Contract Law as conceived by the Lando Commission. The action of legal science and the debate on a European Code of Contracts will be discussed, focusing on the issue whether the harmonization of laws is deemed necessary to establish a single market within the European Community. As to the International Commercial Contracts, the inquiry explores the ratio and purposes of the UNIDROIT Principles for International Commercial Law. They undoubtedly have come to play a weighty role in the contemporary legal landscape, as numerous publications, but also numerous references in arbitral and judicial decisions and legislative projects reveal.
Settlement of International Disputes (8 hours)
The course aims to provide students with a basic introduction to the theory and practice of international arbitration, the preferred method of dispute resolution in international commerce. It will familiarises the students with the framework of international treaties, national law and soft law instruments that undergird the international arbitral system, and introduce such key concepts in international arbitration, as arbitration agreements, place of arbitration, arbitrators, constitution of the arbitral tribunal, interim measures, arbitral awards, arbitration and state courts, among others. The course also intends to familiarize the students with the procedural aspects of the arbitration system organized under the auspices of the International Chamber of Commerce (ICC), which is headquartered in Paris.
Constitutional Courts and Fundamental Freedom (4 hours)
The course aims is to discuss some major themes of constitutional law in a comparative way. The course will focus on constitutional justice and the protection of fundamental rights. Traditional models of constitutional justice (American and European one) are evolving and becoming mixed. It will be necessary to determine whether this allows of a better protection of fundamental rights. The course will compare the procedures for the protection of fundamental rights, through the French case and foreign examples.
International Family Property Law (8 hours)
Estate planning is a vast topic and is found in almost all areas of family law (property consequences of divorce, protection of vulnerable adults, etc.). The time allotted to this course obliges us to make choices. Only the most frequently treated areas of estate planning will thus be considered : areas covering matrimonial regimes and succession. The interactive nature of the class will allow participants to ask questions about other areas that are of interest to them.
For these two topics, we will review, ordinary law rules, those of international conventions, and European regulations. The application of the law depends on the day of marriage or death. The conflict of law rules will be exposed as well as the rules on jurisdiction, the effects of judgements and the circulation of deeds, in particular notarial deeds.
Digital Law – Protection of Personal Data (8 hours)
After 3 years years of application, the General data protection regulation (GDPR) helped data subjects take back control of their data but has also become a world standard for any tech company. This workshop will highlight the steering principles of data protection, their rationale and how they can be implemented by any data controller and processor. A focus on data subject rights and their effectiveness will help assess the relevance of such piece of regulation in the digital age.