The course aims to provide students with an in-depth knowledge of the legal tools for planning and managing transnational commercial relations of companies with reference to the determination of applicable law, the court of jurisdiction and the circulation of judgments in civil and commercial matters.
Expected learning outcomes
Students will acquire the ability to distinguish profiles of interaction, overlap and potential conflict between different regulatory systems, both in an ex ante perspective of planning future activities, and in that of an ex post analysis of events and situations already in place. Students will therefore be able to argue, unravel, discuss and manage this kind of profiles, developing the topics in a logical, simple and linear way. It also intends to provide them with tools by which they become capable of preparing concrete mechanisms to prevent - or solutions to solve - problematic situations.
Private International Law: objectives and methods. General issues: characterization, connecting factors, renvoi, public policy, overriding mandatory rules. EU Regulation on the law appalicable to contractual and non-contractual obligations. Conflicts of jurisdiction: EU Brussels I-bis Regulation. Recognition and enforement of foreign judgments: general principles.
Prerequisites for admission
Students are supposed to be cognizant of the core concepts of private law, especially in the area of contractual and non contractual obligations. Moreover, students are required to master the hierarchy among the sources of international law and to have an in-depth knowledge of the features and functioning of the EU legislative instruments. They are advised to attend the crash course in International and EU law starting at the end of September ((http://fvillatatdiue.ariel.ctu.unimi.it/v3/home/Default.aspx).
The teaching methodology is based on lectures coupled with oral and ppt presentations delivered by students, as well as on case-studies and case-simulations. Moreover, the relevant legislative and practice materials (made available on the course Ariel website http://fvillatadip.ariel.ctu.unimi.it/v3/home/Default.aspx) will be discussed through ongoing interactions among the participants.
ATTENDING students will have the opportunity to take intermediate written tests, with open-ended questions, and record the mark expressed in thirtieths resulting from the average of the marks reported in these tests or take the oral exam if both written tests are insufficient or if the student decides to refuse the mark obtained as a result of the written tests. Attending students will also have the opportunity to take the exam entirely in oral form. During the course, the knowledge gradually acquired will also be monitored through oral and/or digital presentations prepared by students and concerning in-depth analysis of the topics covered by the course. As a consequence of these presentations, the student can increase the mark obtained in the intermediate tests up to 1 point for each presentation. For NON ATTENDING students the exam takes place entirely in oral form. The purpose of these assessments is to verify students' learning of the general reasoning tools of private international law, as well as the ability to apply them for the resolution of concrete cases and to present their assessments with appropriate technical terminology and awareness. The final mark expressed in thirtieths will take into consideration both the knowledge of theoretical aspects and the argumentative and expository skills.