F0040200 Private International Law

Hiroshima University Syllabus

Japanese

Academic Year 2024Year School/Graduate School School of Law Law Evening Course

Lecture Code F0040200 Subject Classification Specialized Education

Subject Name 国際私法

Subject Name
（Katakana）コクサイシホウ

Subject Name in
English Private International Law

Instructor AIZAWA YOSHIHARU

Instructor
(Katakana) アイザワ　ヨシハル

Campus Higashi-Senda Semester/Term 2nd-Year,  Second Semester,  Second Semester

Days, Periods, and Classrooms (2nd) Tues11-12：Online

Lesson Style Lecture Lesson Style
(More Details) 　

Leture-oriented, frequent use of classroom whiteboard

Credits 2.0 Class Hours/Week 　 Language of Instruction J : Japanese

Course Level 4 : Undergraduate Advanced

Course Area（Area） 24 : Social Sciences

Course Area（Discipline） 01 : Law

Eligible Students 3th year

Keywords Governing law, connecting factors, conflict of laws

Special Subject for Teacher Education 　 Special Subject 　

Class Status
within Educational
Program
(Applicable only to targeted subjects for undergraduate students)
Criterion referenced
Evaluation
(Applicable only to targeted subjects for undergraduate students) Law and Politics
（Abilities and Skills）
・Being able to develop logical mind with systemic understanding of law system

Class Objectives
/Class Outline Private international law concerns legal matters arising out of cross-border relationships. This course will provide basic knowledge about family-related issues from the perspective of what the structure of the private international law is and what are theoretically considered problems as well as why they are considered problems in the context of private international law.

Class Schedule lesson1
1. Introduction
The introduction will provide a brief overview of the course covering private international law that governs issues involving foreign elements. Several points to keep in mind in taking this course will also be mentioned.

lesson2
2. Concept of Private International Law
This lesson will provide a basic concept of private international law as well as explanations of conflict of laws, substantive legal areas, connecting factors, governing law, substantive law, and two-sided conflict of laws rules.

lesson3
3. Application of Law of Nationality
In this lesson, we will discuss legal issues regarding application of the law of nationality for dual nationals, choice of the law in countries with different laws based on the place involved.

lesson4
4. Private International Law on Marriages (1): Requirements
In this lesson, we will discuss legal issues regarding substantive requirements for marriage,and formal requirements (methods) for marriage such as necessity of marriage notice forms.

lesson5
5. Private International Law on Marriages (2): Effects
In this lesson, we will discuss legal issues regarding positional effects (e.g. obligation to live together) and proprietary effects (e.g. marital property system).

lesson6
6. Private International Law on Dissolution of Marriages (Divorce)
In this lesson, we will discuss legal issues regarding international jurisdiction, laws governing divorce, public policy, and recognition of foreign divorce decree.

lesson7
7. Private International Law on Parents and Children (1): Legitimate Parent-Child Relationship
In this lesson, we will discuss legal issues regarding the establishment of a legitimate parent-child relationship, denial of legitimacy.

.

lesson8
8. Private International Law on Parents and Children (2): Illegitimate Parent-Child Relationship
In this lesson, we will discuss legal issues regarding the establishment of an illegitimate parent-child relationship and birthright citizenship based on jus soli (by birthplace).

lesson9
9. Private International Law on Parents and Children (3): Legitimation
In this lesson, we will discuss legal issues regarding acquisition of citizenship by legitimation and governing law.

lesson10
10. Private International Law on Parents and Children (4): Adopted Parent-Child Relationship
In this lesson, we will discuss legal issues regarding adoption and governing law and renvoi.

lesson11
11. Private International Law on Duty of Support
In this lesson, we will discuss legal issues regarding laws governing duty of support between husband and wife and duty of support between parent and child.

lesson12
12. Private International Law on Custody
In this lesson, we will discuss legal issues regarding laws governing custody.

lesson13
13. Private International Law on Guardianship
In this lesson, we will discuss legal issues regarding international jurisdiction and governing law.

lesson14
14. Private International Law on Inheritance
In this lesson, we will discuss legal issues regarding laws governing inheritance, relationships between general and individual laws, absence of heirs, first question to be solved, adaptation problems, and laws governing forms of will.

lesson15
15. Summary
In this lesson, we will analyze the differences between and characteristics of legal restrictions on domestic and foreign relationships, and clarify the uniqueness of the latter.

Reporting Schedule
1.Introduction ～ 15.Summary

Text/Reference
Books,etc. Textbook: Introduction to Private International Law (4th edition revised), Hiroshi Matsuoka ed. (Yuhikaku Publishing Co., Ltd., 2021)

PC or AV used in
Class,etc. 　

(More Details) Texts and distributed materials

Learning techniques to be incorporated 　

Suggestions on
Preparation and
Review After Lesson 1:
You are expected to review the contents of this course and buy the textbook. Prior to lesson 2 (Concept of Private International Law), you are expected to study basic concepts of conflict of laws, substantive legal areas, connecting factors, governing law, substantive law, and two-sided conflict of laws rules.
After Lesson 2:
You are expected to read the relevant coverage in the textbook or reference books if you are unsure about any terminology in the basic concept.
After Lesson 3:
You are expected to read the relevant coverage in the textbook if you are unsure about any part of the application of the law of nationality.
After Lesson 4:
You are expected to answer questions on the following topics in ‘No. 1 Marriage’ in ‘Exercise Part II’.
After Lesson 5:
You are expected to answer questions on the following topics in ‘No. 2 Marriage’ in ‘Exercise Part II’.
After Lesson 6:
You are expected to answer questions on the following topics in ‘No. 2 Divorce’. You are expected to answer questions in ‘No. 10 recognition of foreign divorce decrees.
After Lesson 7:
You are expected to answer questions in ‘No. 3 Parent-Child Relationship’ on the ‘establishment of a legitimate parent-child relationship.’ of an illegitimate parent-child relationship and birthright citizenship based on jus soli (by birthplace).
After Lesson 8:
You are expected to answer questions in ‘No. 3 Parent-Child Relationship’ on the ‘establishment of an illegitimate parent-child relationship’ and questions in ‘No. 9 judicial proceedings against foreign-related cases.’
After Lesson 9:
You are expected to answer questions in ‘No. 3 Parent-Child Relationship’ on ‘legitimation’ and questions in ‘No. 11 Nationality.’
After Lesson 10:
You are expected to answer questions on the following topics in ‘No. 3 Parent-Child Relationship’.
After Lesson 11:
You are expected to answer questions on the following topics in ‘No. 4 Support’ .
After Lesson 12:
You are expected to answer questions on the following topics in ‘No. 3 Parent-Child Relationship’.
After Lesson 13:
You are expected to answer questions in ‘No. 5 Guardianship’ on ‘international jurisdiction and governing law.’
After Lesson 14:
You are expected to answer questions in ‘No. 6 Inheritance’ on ‘governing law,’ ‘absence of heirs,’ and ‘first question to be solved,’ and questions in ‘No. 7 laws governing forms of will’ and ‘No. 8 adaptation problems.’
After Lesson 15:
You are expected to summarize what you have learned from the course.

Requirements You are encouraged to take civil law courses, especially courses in family law and inheritance law.

Grading Method Your final grade will be based on the following:  term-end examination (100%).

Practical Experience

Summary of Practical Experience and Class Contents based on it

Message

Other

Please fill in the class improvement questionnaire which is carried out on all classes.
Instructors will reflect on your feedback and utilize the information for improving their teaching.

Academic Year	2024Year	School/Graduate School	School of Law Law Evening Course
Lecture Code	F0040200	Subject Classification	Specialized Education
Subject Name	国際私法
Subject Name （Katakana）	コクサイシホウ
Subject Name in English	Private International Law
Instructor	AIZAWA YOSHIHARU
Instructor (Katakana)	アイザワ　ヨシハル
Campus	Higashi-Senda	Semester/Term	2nd-Year, Second Semester, Second Semester
Days, Periods, and Classrooms	(2nd) Tues11-12：Online
Lesson Style	Lecture	Lesson Style (More Details)
Leture-oriented, frequent use of classroom whiteboard
Credits	2.0	Class Hours/Week		Language of Instruction	J : Japanese
Course Level	4 : Undergraduate Advanced
Course Area（Area）	24 : Social Sciences
Course Area（Discipline）	01 : Law
Eligible Students	3th year
Keywords	Governing law, connecting factors, conflict of laws
Special Subject for Teacher Education		Special Subject
Class Status within Educational Program (Applicable only to targeted subjects for undergraduate students)
Criterion referenced Evaluation (Applicable only to targeted subjects for undergraduate students)	Law and Politics （Abilities and Skills）・Being able to develop logical mind with systemic understanding of law system
Class Objectives /Class Outline	Private international law concerns legal matters arising out of cross-border relationships. This course will provide basic knowledge about family-related issues from the perspective of what the structure of the private international law is and what are theoretically considered problems as well as why they are considered problems in the context of private international law.
Class Schedule	lesson1 1. Introduction The introduction will provide a brief overview of the course covering private international law that governs issues involving foreign elements. Several points to keep in mind in taking this course will also be mentioned. lesson2 2. Concept of Private International Law This lesson will provide a basic concept of private international law as well as explanations of conflict of laws, substantive legal areas, connecting factors, governing law, substantive law, and two-sided conflict of laws rules. lesson3 3. Application of Law of Nationality In this lesson, we will discuss legal issues regarding application of the law of nationality for dual nationals, choice of the law in countries with different laws based on the place involved. lesson4 4. Private International Law on Marriages (1): Requirements In this lesson, we will discuss legal issues regarding substantive requirements for marriage,and formal requirements (methods) for marriage such as necessity of marriage notice forms. lesson5 5. Private International Law on Marriages (2): Effects In this lesson, we will discuss legal issues regarding positional effects (e.g. obligation to live together) and proprietary effects (e.g. marital property system). lesson6 6. Private International Law on Dissolution of Marriages (Divorce) In this lesson, we will discuss legal issues regarding international jurisdiction, laws governing divorce, public policy, and recognition of foreign divorce decree. lesson7 7. Private International Law on Parents and Children (1): Legitimate Parent-Child Relationship In this lesson, we will discuss legal issues regarding the establishment of a legitimate parent-child relationship, denial of legitimacy. . lesson8 8. Private International Law on Parents and Children (2): Illegitimate Parent-Child Relationship In this lesson, we will discuss legal issues regarding the establishment of an illegitimate parent-child relationship and birthright citizenship based on jus soli (by birthplace). lesson9 9. Private International Law on Parents and Children (3): Legitimation In this lesson, we will discuss legal issues regarding acquisition of citizenship by legitimation and governing law. lesson10 10. Private International Law on Parents and Children (4): Adopted Parent-Child Relationship In this lesson, we will discuss legal issues regarding adoption and governing law and renvoi. lesson11 11. Private International Law on Duty of Support In this lesson, we will discuss legal issues regarding laws governing duty of support between husband and wife and duty of support between parent and child. lesson12 12. Private International Law on Custody In this lesson, we will discuss legal issues regarding laws governing custody. lesson13 13. Private International Law on Guardianship In this lesson, we will discuss legal issues regarding international jurisdiction and governing law. lesson14 14. Private International Law on Inheritance In this lesson, we will discuss legal issues regarding laws governing inheritance, relationships between general and individual laws, absence of heirs, first question to be solved, adaptation problems, and laws governing forms of will. lesson15 15. Summary In this lesson, we will analyze the differences between and characteristics of legal restrictions on domestic and foreign relationships, and clarify the uniqueness of the latter. Reporting Schedule 1.Introduction ～ 15.Summary
Text/Reference Books,etc.	Textbook: Introduction to Private International Law (4th edition revised), Hiroshi Matsuoka ed. (Yuhikaku Publishing Co., Ltd., 2021)
PC or AV used in Class,etc.
(More Details)	Texts and distributed materials
Learning techniques to be incorporated
Suggestions on Preparation and Review	After Lesson 1: You are expected to review the contents of this course and buy the textbook. Prior to lesson 2 (Concept of Private International Law), you are expected to study basic concepts of conflict of laws, substantive legal areas, connecting factors, governing law, substantive law, and two-sided conflict of laws rules. After Lesson 2: You are expected to read the relevant coverage in the textbook or reference books if you are unsure about any terminology in the basic concept. After Lesson 3: You are expected to read the relevant coverage in the textbook if you are unsure about any part of the application of the law of nationality. After Lesson 4: You are expected to answer questions on the following topics in ‘No. 1 Marriage’ in ‘Exercise Part II’. After Lesson 5: You are expected to answer questions on the following topics in ‘No. 2 Marriage’ in ‘Exercise Part II’. After Lesson 6: You are expected to answer questions on the following topics in ‘No. 2 Divorce’. You are expected to answer questions in ‘No. 10 recognition of foreign divorce decrees. After Lesson 7: You are expected to answer questions in ‘No. 3 Parent-Child Relationship’ on the ‘establishment of a legitimate parent-child relationship.’ of an illegitimate parent-child relationship and birthright citizenship based on jus soli (by birthplace). After Lesson 8: You are expected to answer questions in ‘No. 3 Parent-Child Relationship’ on the ‘establishment of an illegitimate parent-child relationship’ and questions in ‘No. 9 judicial proceedings against foreign-related cases.’ After Lesson 9: You are expected to answer questions in ‘No. 3 Parent-Child Relationship’ on ‘legitimation’ and questions in ‘No. 11 Nationality.’ After Lesson 10: You are expected to answer questions on the following topics in ‘No. 3 Parent-Child Relationship’. After Lesson 11: You are expected to answer questions on the following topics in ‘No. 4 Support’ . After Lesson 12: You are expected to answer questions on the following topics in ‘No. 3 Parent-Child Relationship’. After Lesson 13: You are expected to answer questions in ‘No. 5 Guardianship’ on ‘international jurisdiction and governing law.’ After Lesson 14: You are expected to answer questions in ‘No. 6 Inheritance’ on ‘governing law,’ ‘absence of heirs,’ and ‘first question to be solved,’ and questions in ‘No. 7 laws governing forms of will’ and ‘No. 8 adaptation problems.’ After Lesson 15: You are expected to summarize what you have learned from the course.
Requirements	You are encouraged to take civil law courses, especially courses in family law and inheritance law.
Grading Method	Your final grade will be based on the following: term-end examination (100%).
Practical Experience
Summary of Practical Experience and Class Contents based on it
Message
Other
Please fill in the class improvement questionnaire which is carried out on all classes. Instructors will reflect on your feedback and utilize the information for improving their teaching.

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