International private and procedural law
Scientific Disciplinary Sector (SSD)
IUS/13 - INTERNATIONAL LAW
1° periodo di lezioni dal Sep 30, 2019 al Dec 14, 2019.
The objective of the course is to offer to the audience the conceptual tools needed to understand, analyze and deal with the questions arising out cases having an international element. The course, conducted by promoting critical reasoning and interaction in class, aims at providing students with the ability to navigate through the plurality of legal sources governing jurisdiction, choice-of-law and recognition/enforcement of foreign judicial acts/decisions in the Italian legal system.
I. Object, purpose and features of private and procedural international law
- Origin, evolution and purpose of the subject matter
- Legal sources and unification pursued at International and European level
II. International procedural law fundamentals - specific attention will be devoted to Law n. 218/95 and Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (so called Brussels I bis)
- Allocation of jurisdiction in transnational cases: heads of jurisdiction and choice-of-court agreements
- Coordination of proceedings pending before different national courts: lis alibi pendens
- Mechanism regulating the circulation of decisions: requirement for the recognition and enforcement of foreign decisions.
III. "Choice of law" problem and coordination methods
- Structure and function of choice of law provisions, connecting factors
- Characterization and preliminary questions, renvoi
- Ascertainment and interpretation of foreign law
- Public policy and overriding mandatory provisions
- Overview on the EU choice of law regulations: characteristics and peculiarities of the EU choice of law
- Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (so called Rome I)
- Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (so called Rome II).
Each class will be based on lectures - devoted to the transmission of key notions and concepts and supported by PowerPoint presentations - and group discussions on real cases. In order to be able to actively participate in class, students will be required to read in advance the decisions that are going to be analyzed. Legal materials, relevant decisions and further readings will be posted on the e-learning platform.
Language of the course
The course will be taught in Italian.
a) B. Barel e S. Armellini, Diritto internazionale privato. Manuale breve, XIV ed., Milano, 2019
b) F. Mosconi e C. Campiglio, Diritto internazionale privato e processuale, Vol. I: Parte generale e obbligazioni, VIII ed., Torino, 2017.
||Diritto internazionale privato e processuale, Vol. I: Parte generale e obbligazioni.
||Diritto internazionale privato. Manuale breve.
Exam for attending students
Students that have regularly attended classes have the option to take an oral exam or a written test. The written text will be held right after the end of the course and will require students to solve two practical cases involving legal questions and issues dealt with during the course. The highest score for each case-solution will be 15,5 points. The final mark will be expressed in thirtieths. The oral exam, on the other hand, will consist of an oral discussion, aims at verifying the knowledge of the fundamentals of Private and Procedural International Law (as explained in class) in the light of the relevant scholarship and national and European case-law. The final mark will be expressed in thirtieths.
Non-attending students are required to take an oral exam. The exam will consist of an oral discussion, aims at verifying the knowledge of the fundamentals of Private and Procedural International Law as dealt with in the textbooks. The final mark will be expressed in thirtieths.
Erasmus students that have regularly attended classes are granted the possibility to write an essay on a topic agreed by the instructor.