Private International Law

A.Y. 2023/2024
9
Max ECTS
60
Overall hours
SSD
IUS/13
Language
Italian
Learning objectives
The course builds on the legal competences already acquired by students, introducing them to the study of the legal framework that is in place to resolve conflicts of law and jurisdiction arising from international contracts and cross-border economic activity more generally. With particular focus on issues relating to the digitalisation of commercial and financial transactions, the course promotes an understanding of international trade and its various implications.
The course aims to give students a grounding in the principles and norms that make up the legal framework and which today form an indispensable tool for all professional and commercial activities targeted at foreign markets. Students will learn how to apply these legal tools predictively in assessing the risks and opportunities relating to internationalisation and access to global digital markets.
Expected learning outcomes
Upon completing the course, students will understand the concepts that underpin private international law, will be able to identify the legislation relevant to the different types of contractual and extracontractual obligations (with specific reference to issues emerging from the digitalisation of markets) and will be able to explain these concepts with the appropriate legal terminology.
By analysing case studies in a classroom environment, students will develop the skills to address the most salient legal issues in transnational private economic relationships and to deploy their critical judgment to identify the best solutions.
Teaching will incorporate the main digital resources for legislative and case-law research to promote the learning of competences that will stand students in good stead in their independent study and, subsequently, in their further education or careers.
Single course

This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.

Course syllabus and organization

Single session

Responsible
Lesson period
Third trimester
Course syllabus
Learning module 1 - Object, function and methods of private international law rules;
Learning module 2 - Private international law in civil and commercial matters, with a focus on contractual obligations and torts: jurisdiction, applicable law, and recognition and enforcement of judgments;
Learning module 3 - Private international law issues related to the digitalization of commercial and financial transactions: jurisdiction and applicable law to e-commerce contracts, consumer contracts in the digital market, sharing economy, lending and investment-based Fintech platforms.
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 propaedeutic 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.
Teaching Resources
Mosconi, Campiglio "Diritto internazionale privato e processuale", vol. 1 "Parte generale e obbligazioni" (decima ed. 2022), Capitolo primo: tutto. Capitolo secondo: pp. 71 -159 (paragrafo 16 incluso); pp. 168-176 (paragrafo 20 incluso). Capitolo terzo: tutto. Capitolo quarto: tutto ad esclusione del paragrafo 15. Capitolo quinto: pp. 341-386 (paragrafo 12 incluso); pp. 393-411 (paragrafo 19 incluso). Capitolo sesto: tutto ad esclusione del paragrafo 15. Capitolo settimo: solo la sezione I, ad eccezione dei paragrafi 9, 11, 12, 13, 17.
In addition, optional readings on the digitalization of commercial and financial transactions will be progressively uploaded on the website of the course (Ariel platform).
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.
IUS/13 - INTERNATIONAL LAW - University credits: 9
Lessons: 60 hours
Educational website(s)
Professor(s)
Reception:
Every Monday at 14.30. Students can contact prof. Valkova by email and arrange a meeting.