The course aims at analyzing in depth the rules that govern private law relations touching on more than one state, whose general framework is examined in the International Law class. On the basis of said general framework already learned, specific issues related to the following areas will be considered in detail: scope of the Italian jurisdiction, application of private international law norms, reference to foreign law, effects of foreign acts and decisions in Italy. Special attention will be paid to the most significant results and the most recent developments of the European judicial cooperation in civil matters and of the work of the Hague Conference on Private International Law. Particular consideration will be given to private international law norms regulating contracts, torts, family relationships and successions.
Expected learning outcomes
- Acquiring a knowledge and an understanding of the specific legal issues that underlie private law relations at an international level. - Applying conflict of laws norms to real cases. - Autonomously evaluating theoretical and practical aspects of the subject matter. - Autonomously communicating what has been learned, with adequate terminologies and legal/logical coherence. - Possessing the necessary skills to understand the discipline of private law international relations.
Lesson period: Second semester
(In case of multiple editions, please check the period, as it may vary)
The course is intended to deepen the study of Private International Law, whose general framework is already dealt with in the course of International Law. In particular, the course will examine specific aspects of the Italian jurisdiction, the application of the rules of private international law, the application of foreign law, the effects of foreign judgments and acts in Italy, with particular attention to the most significant achievements and the most recent developments in judicial cooperation in civil matters in Europe and the work of the Hague Conference on Private International Law. Particular attention will be paid to the private international law regime of contractual and non-contractual obligations, family and succession relationships.
In particular, the course will cover the general part of Private International and Procedural Law, as defined by Italian law, international conventions and European Union law. In this framework, general issues relating to the conflict rule, the determination of the scope of jurisdiction of the Member States of the European Union and the international circulation of the relevant decisions will be examined. The same module will then analyse the conflict-of-laws rules on contractual and non-contractual obligations, including also the procedural aspects, with particular reference to the Rome I and Rome II Regulations and the rules establishing the special forums for contractual and tort/delict disputes provided for in the Brussels Ia Regulation.
6 CFU exam: - Private International Law: the Italian system, supranational sources of law: - Jurisdiction in civil and commercial matters: the European system and the Italian law; - Italian conflict-of-laws rules and the applicable law: general issues; - International recognition and enforcement of foreign decisions: the effects of foreign decisions in Italy; - Contractual obligations; - Non-contractual obligations.
Prerequisites for admission
International Law (mandatory). Civil Procedure and European Union Law (suggested).
More detailed information concerning seminars will be given during the lectures.
Mosconi - Campiglio, Diritto internazionale privato e processuale. Vol. I. Parte generale e obbligazioni, 8ª ed., Torino, Utet, 2017.
Assessment methods and Criteria
Oral test. The oral test is an interview aimed at ascertaining the students' knowledge of the subjects of the course, their understanding, the acquisition of an appropriate language and their ability to synthesize concepts.
More detailed information concerning the exam for attending students will be given during the lectures.