Note to Contributors: This proposed structure should not be regarded as being compulsory or exhaustive. The aim is to use it as a source of inspiration. Not all the headings need to be included - especially as far as the general principles are concerned. The authors should focus on certain points especially with regard to national particularities. Although 'Multilateral and Bilateral Treaties, EC-Law', etc. are not mentioned under Part II. Choice of Law Rules, it is clear that the author should pay due regard to these issues whenever relevant in law.
Private international law and international civil procedure (ICP) are linked with one another. The authors should therefore consider the ICP to a certain extent (around 10 printed pages).

The Author
List of Abbreviations

Part I.

General Introduction

§1. Historical Development

§2. General Principles

§3. Nature and Scope

§4. Special Characteristics of National Private International Law (PIL)


Selected Bibliography

Part I. General Principles (Choice of Law Technique)

Chapter 1. Sources of PIL

§1. National Law

§2. Multilateral and Bilateral Treaties

§3. Case Law

§4. Customary Law

§5. Public International Law

§6. European Community Law

§7. Doctrine

§1. Choice of Law Rules (Conflict of Law Rules)


I. Total/Partial Conflict rules

II. Elements of a Rule

III. Legal Consequences


§2. Relevant Contact

§3. Connecting Factor


I. Nationality

II. Domicile (of origin, of choice, of dependence)

III. Habitual Residence

IV. Temporary Residence

V. Residence of Legal Persons

VI. Lex Actus

VII. Lex Rei sitae

VIII. Intention of the Parties


§4. Changes in the Connecting Factors; Changes in the lex causae

§5. Combination of Connecting Factors

§1. Characterisation (Classification)

§2. Preliminary Question

§3. Renvoi

§4. General Choice of Law Rule / Separate Choice of Law Rule

§5. Assimilation

§6. Ordre Public (Public Policy)

§7. Evasion of the Law

§1. Natural Persons


I. Legal Capacity

II. Name

III. Nationality

IV. Change of Sex (Transsexuality)


§2. Legal Persons


I. Corporation

II. Unincorporated Associations

III. Property and Enterprises as Legal Entities

§1. Law of Contract


I. Autonomy of the Parties (to determine the proper law)

II. Legal Form of a Contract

III. Validity, Formation of a Contract

IV. Performance of a Contract

V. Breach of Contract (including Damages)

VI. Rescission of a Contract

VII. Representation

VIII. Interpretation

IX. Third Parties (Beneficiaries, Vicarious Liability)


§2. Particular Contracts


I. Employment Contracts

II. Insurance Contracts

III. Consumer Contracts

IV. Contracts of Carriage

V. Leasing/Factoring/Franchising

VI. Credit Agreements

VII. Negotiable Instruments


A. Bills of Exchange

B. Cheques


VIII.Law on Cheques


§3. Non-Contractual Obligations


I. Law of Torts


A. Lex Loci Delicti

B. Torts committed intentionally or negligently

C. Defences (legally recognised grounds of justification)

D. Damages (compensation of damages)


II. Negotiorum gestio (conducting someone else's affairs without authority to do so)

III. Unjustified Enrichment

§1. General Rules


I. Lex Rei Sitae

II. Movables, Immovables

III. Transfer of Property


§2. Special Rules


I. Goods during Transit

II. Securities (for a debt)

III. Mortgage

IV. Charge on Land

V. Pledge

VI. Chattel Mortgage (Transfer by Way of Security)

§1. Rights of Personality

§2. Patent Law

§3. Copyright

§1. Formation of a Company

§2. Stocks and Stockholders

§3. Company Residence

§4. Company Liability

§5. Company Merger

§6. Bankruptcy of a Company

§7. Trusts

§8. Winding up of a Company (Liquidation)

§1. Engagement and Extra-Marital Cohabitation

§2. Marriage (monogamy, polygamy, registered [homosexual] partnership)


I. Validity (Capacity, Form)

II. Dissolution


A. Annulment

B. Divorce


III. Legal Effects of Marriage

IV. Matrimonial Property

V. Spousal Maintenance

VI. Custody of Minors

VII.Child Support

VIII.Legitimacy, Legitimisation and Adoption

IX. Guardianship

X. Pre-marital, marital, divorce, co-habitation and partnership agreements

XI. Artificial Insemination, Surrogacy

§1. Lex Successionis

§2. Range of Application

§3. Testamentary Disposition


I. Validity of Wills

II. Revocation of Wills

III. Interpretation

§1. Statutory Forums

§2. Choice of Forum Agreements

§3. Procedural requirements

§4. International service

§5. Rules of Evidence

§6. Temporary Relief