Private International Law

A.Y. 2019/2020
9
Max ECTS
60
Overall hours
SSD
IUS/13
Language
Italian
Learning objectives
The broad reach of globalization easily extends to daily choices of personal and business life. Contracts as well as family relationships increasingly have a cross-border nature, both within the European Union, because of the freedom of movement that individuals, goods, services and capitals enjoy according to EU law, and globally, as an effect of the international rules governing trade as well as of migration phenomena. Thus, private international laws rules — i.e. the rules governing the law applicable to relations across different legal jurisdictions between natural persons, companies, and other legal entities, indicating the appropriate forum for the purpose of settling disputes between them, and, finally, that set out conditions for the recognition and enforcement of foreign judgements — are nowadays a necessary tool within business activities. This field of international law is characterized by a complex interweave of domestic and UE rules, and of uniform rules set out in international treaties. The course aims at providing students with the basics of the current private international law legal framework, through the analysis of the relevant domestic legislation (the Italian Law No 218 of 1995) and of the most important EU regulations. Not only will the teaching activities develop students' understanding of the rules, but they will also enhance their skills to apply such rules, and their mastery of legal language, together with their communication skills, through the examination of concrete cases, first in guided classroom mode, and then independently, with subsequent discussion in the classroom.
Expected learning outcomes
At the end of the course, students shall be acquainted with the founding aspects of private international law, and will also have to be in the position to grasp the essence of its functioning, all the while showing knowledge of the provisions applicable to several different thematic areas, such as contracts, tort, and family law. They are also expected to deal with the most frequent and urgent issues in private transnational relationships in an appropriate fashion, by resorting to the theoretical, linguistic, and normative toolbox of private international that they are required to acquire thorough the exam of the judicial application of relevant provisions, thanks to specific case-studies and adequate supporting materials. While attending the course, students will be required to perform hands-down research tasks, hence becoming confident with electronic case-law databases, scholarly collections, and other resources. Such skills, which may be used for autonomous research purposes, appear to be transferrable in nature, so as to be suitable to be eventually resorted to both in the course of their studies and in their future profession.
Course syllabus and organization

Unique edition

Responsible
Lesson period
Third trimester
Course syllabus
Object, function and methods of of private international law rules;
Private international law in civil and ommercial matters, with a focus on contractual obligations and torts: jurisdiction, applicable law, and recognition and enforcement of judgments;
Private international law in family matters: jurisdiction, applicable law, and recognition and enforcement of judgments.
Prerequisites for admission
In order to take the exam of Private international law as well as to participate to the written classroom tests students are required to have already passed the propedeautic exams of International and EU law and of Introduction to Private Law.
Teaching methods
Lectures supported by power point presentations and case studies, practical examples and discussions.
Students will also be encouraged to analyse a case study of their choice and carry out presentations on it.

In order to facilitate knowledge and understanding of the topics, the course programme will be divided into three teaching units of 20 hours each. At the end of each unit, students will be encouraged to take a test on the topics of that unit. Such tests aim at monitoring periodically the achievement of the expected results, in order both to adapt teaching activities to the need of the students and to give them suggestions on how to improve their results.
The three tests may also substitute the oral exam (see under "Modalità di verifica dell'apprendimento e criteri di valutazione" - "Learning assessment procedures and evaluation criteria").
Teaching Resources
Attending students:
- Teaching unit 1:
Texbook: F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, vol. I - Parte generale e obbligazioni, UTET, VIII ed., 2017, pages 1-48; 175-285; 402-406 (§ 10); 419-422 (§ 16); 465-468 (§ 16); 469-471 (§).
- Teaching unit 2:
Manuale: F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, vol. I - Parte generale e obbligazioni, UTET, VIII ed., 2017, pp. 55-95 (end of § 11), 98-111 (§§ 13 e 14), 115-125 (§ 16), 133-138 (§ 19), 373-395 (end of § 7), 401-402 (§ 9), 406-414 (§§ 11, 12 e 13), 424-441 (end of § 6), 442-447 (§ 8), 450-453 (§ 10), 289-293, 304-327 (end of § 12), 329-337.
- Teaching unit 3:
Manuale: F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, vol. II - Statuto personale e diritti reali, UTET, V ed., 2019, pages 91-197; 277-295.
*Legal acts:
- Teaching units 1 and 2
-- Law 31 May 1995 No 218 "Reform of the Italian system of private international law"
-- Regulation (EC) n. 864/07 "Rome II"
-- Regulation (EC) n. 593/08 "Rome I"
-- Regulation (EU) n. 1215/2012 "Brussels I-bis"
- Teaching unit 3
-- Law 31 May 1995 No 218 "Reform of the Italian system of private international law"
-- Regulation (EC) n. 2201/03, " Brussels II"
-- Regulation (EC) n. 4/2009 " Maintenance Regulation"
-- Regulation (EU) n. 1259/2010 "Rome III"
Further materials (primary sources, such as case-law and legal acts) will be made available through the Ariel web-site of the course. They form an integral part of the exam programme.

Not attending students:
Textbooks:
- F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, vol. I - Parte generale e obbligazioni, UTET, VIII ed., 2017, pages 1-471.
- F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, vol. II - Statuto personale e diritti reali, UTET, V ed., 2019, pages 91-197; 277-295.
*Legal acts:
-- Law 31 May 1995 No 218 "Reform of the Italian system of private international law"
-- Regulation (EC) n. 2201/03, " Brussels II"
-- Regulation (EC) n. 864/07 "Rome II"
-- Regulation (EC) n. 593/08 "Rome I"
-- Regulation (EC) n. 4/2009 " Maintenance Regulation"
-- Regulation (EU) n. 1259/2010 "Rome III"
-- Regulation (EU) n. 1215/2012 "Brussels I-bis"
Assessment methods and Criteria
Oral (6 scheduled dates during the academic year): students will usually be asked to answer three questions on three different topics that form part of the course programme. In order to pass the exam, students will be required to have, at least, a sufficient knowledge of such three topics. Students' communication skills and mastery of legal language will also be evaluated, together with their ability to link different legal issues, even resorting to the examples that are offered by the praxis.
Unità didattica 1
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor: Sandrini Lidia
Unità didattica 2
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor: Sandrini Lidia
Unità didattica 3
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor: Viarengo Ilaria