- Knowledge and ability to understand the specific legal issues underlining the international relations of contracts and business. - Ability to apply to actual cases the norms that regulate the international relations of contracts and business. - Ability to convey what the student has learned, with proper vocabulary and logical and legal coherence. - Capacity to learn the rules that govern international relationships of contracts and business.
Expected learning outcomes
At the end of the course, the student that has successfully learned the subject will have gained a deep knowledge of the topics that will have been dealt with during the course, with the acquisition of a reasoning method suitable to deal with the complex legal issues that underline the international relations of contracts and business.
Lesson period: Second semester
(In case of multiple editions, please check the period, as it may vary)
This course is intended to provide a framework of how the international contractual and business relations are regulated. The distinctive feature of these relations consists in the fact that they are linked with more than one State. The international character of said relations raises a number of issues regarding the applicable law and, in case a dispute arises, the competent court and the international recognition and enforcement of decisions. These issues, that are dealt with by private international law, are regulated by national laws and, more and more frequently, by international conventions and European Union regulations. During the course, the following topics will be dealt with: legal sources; rules on jurisdictional competence; general principles of private international law; regulation of international contracts; criteria to determine the law applicable to non-contractual obligations, to companies and to other entities; recognition and enforcement of foreign decisions. Detailed syllabus: - Sources: internal law, international conventions, European Union law. - Jurisdiction in civil and commercial matters: the European system and the Italian law. - Italian norms of private international law and the applicable law: general issues. - Contractual obligations (in particular, international sale contracts). - Non-contractual obligations. - Companies and other entities. - International circulation of decisions: effects in Italy of foreign decisions.
Prerequisites for admission
Before taking the exam of this course students shall have already passed the exam of Institutions of International Law and Institutions of European Union Law; students are also advised to take this course's exam after having passed the exam of Institutions of Civil Procedure and Institutions of Criminal Procedure, limited to the part of civil procedure.
Particular emphasis will be put on practical cases, also through the analysis of decisions of the European Union Court of Justice and of Italian case law, with an active participation of students.
- G. Carella, Fondamenti di diritto internazionale privato, Torino, Giappichelli, 2018; - F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, volume I, Parte generale e obbligazioni, 8th ed., Torino, Utet, 2017, pages 373-471; - F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, volume II, Statuto personale e diritti reali, 4th ed., Torino, Utet, 2016, pages 57-73; - T. Ballarino, Diritto internazionale privato, 3rd ed., Padova, Cedam, 1999, pages 656-669.
Relevant norms and regulations can be found on Ariel website.
Assessment methods and Criteria
The exam will be oral, and it will last for about 20 minutes. The aim of the exam is to verify not only the knowledge of the subject matter but also the ability of the students to deal with, and thoughtfully resolve, legal issues by a re-elaboration of what has been learned during the course. Students that have participated to the classes will also be evaluated on their comprehension and their capacity to critically analyze the cases that have been dealt with in classes.