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  Prospectuses 2012-2013
Radboud universityProspectusesFaculty of Law > Courses in English

European Private Law 

For additional information, please visit the ECTS Information Guide or contact
Course ID
JUR-4EURPRL
Credits
7
Scheduled
Semester II
Level
MA
Teaching methods

8 lectures, 2 hours per week.

Pre-requisites

DUTCH STUDENTS:
* Preliminary courses and minimum of EC's required for attending this course and being admitted to the exam.
* Preliminary course:  Burgerlijk Recht I en II, BR for Nederlands recht students, Burgerlijk recht I en II voor European Law School students

* EC's: 160 EC of bachelor courses

FOREIGN EXCHANGE LAW STUDENTS:
* Bachelor's degree or at least a full year of prior study in the field of the law of obligations (contract, tort, unjust enrichment).

Contents
Introduction

The Treaty on the Functioning of the European Union (TFEU) nearly exclusively contains rules of a public law character. However, some of its central provisions (prohibitions of discrimination, fundamental freedoms) have acquired significance for private law too, because the European Court of Justice (ECJ) has interpreted them in such a way that they - at least to some extent - have become directly applicable to relations between individuals in the sense that they create subjective rights and obligations between them. Put in another way: those provisions now produce a direct horizontal effect in private law relationships. The same is of course true for the provisions of art. 101 and 102 TFEU (competition), whose direct horizontal effect is enshrined in the Treaty itself (art. 101, paragraph 2, TFEU) and elaborated by the Court of Justice. Moreover, Treaty provisions may have other kinds of horizontal effects (‘indirect' or ‘incidental' horizontal effect), in particular through the review (in disputes between individuals) of the compatibility of national legislation (both of a public law and a private law nature) with EU law and through the interpretation of national ‘open norms' such as good faith, boni mores, public order and illegality. In recent years, it has become clear that also general principles of Union Law may produce different types of horizontal effects. This course intends to explore the relevance of primary (and to a lesser extent: secondary) EU law for national private law.

Lectures

The course consists of 7 lectures:

1. Introduction
2. Competition
3. Fundamental freedoms - human rights
4. General principles
5. Extra-contractual liability (state liability)
6. Restitution and unjust enrichment
7. Directives

Mandatory assignments

Before each lecture, all students have to complete and pass a written assignment. Students who do not satisfy these conditions, will not be allowed to participate in the exam!

Examination
The exam will be oral.

Mandatory assignments

Before each lecture, all students have to complete and pass a written assignment. Students who do not satisfy these conditions, will not be allowed to participate in the exam!

Literature
To be anounced

 

Allocation of credits

8 lectures/seminars:
Lectures 8x2 hours : 16 hrs
Preparation 8x10 hours : 80hrs
Preparation exam : 100 hrs
Total 7 EC : 196 hrs

Staff

 Lecturers:
* ms. Prof. dr. C.H. Sieburgh, TvA 6.01.38, tel. +31 24 3613096, email  
* and other members of the Civil law section of the law faculty.

Secretary:
ms. I.A.M. Scheffer-Verweij, TvA 6.01.20, tel. +31 24 363096, email