PRIVATE INTERNATIONAL LAW
Learning outcomes of the course unit
At the end of the course students should be familiar with ways of:
understanding the different techniques of the delimitation of the application of Italian law and Italian jurisdiction, as well as the techniques of the application of foreign law;
analyzing and correctly applying International treaties and European Union Law in private international matters;
formulating legal arguments with knowledge language and ability to adequate reasoning.
Preparatory activities for students of the Course of LAW:
Principles of Private Law, Principles of Roman Law, Constitutional Law, Civil Procedural Law, Public International Law, European Union Law.
Course contents summary
The course focuses on the analysis of private international relations, which result from the Italian Law of 31 May 1995 n. 218 of private international law, from the most important international conventions and from the Regulations of European Union. During the course, in particular, general issues of private international law and of procedural international civil law will be addressed. In this context, particular attention will be dedicated to the matter relating the private international law of contracts (EC REG. n. 593/2008) and to the matter concerning civil jurisdiction and recognition of judgments in civil and commercial matters (EU Reg. n. 1215/2012).
MOSCONI F. e CAMPIGLIO C., Diritto internazionale privato e processuale. Parte generale e obbligazioni, volume I, IX ed., UTET, Torino, 2020, pp. 1- 464.
The course will be conducted by oral frontal lessons, in which the dialogue with the class wil be taken into great account. Some practical exercises and seminars, consisting in the analysis of Italian and foreign sentences, can be held during the course.
Assessment methods and criteria
The acquired knowledge and understanding abilities and capabilities of practical application will be tested by addressing to the student at least two questions with the aim of assessing the actual knowledge of the norms and the related mechanisms of private and procedural international law.
Learning abilities will be tested by assessing the capability of using correct juridical terminology,the capability of explaining the meaning of specific expressions or concepts and of organizing coerently, adequately and in a reasoned manner the acquired notions.
If the health emergency goes on and depending on its evolution, the exam may be held either in mixed mode (i.e. in presence, but with the possibility of holding it remotely for students who request it to the Professor), or only with online mode for all (remotely). Further info will be given on the system Esse3 ahead of the exam. In case of online exams, Students will be provided few days before with a timetable and a link to Ms Teams.
Some sentences relating Private international law will be inserted on ELLY Platform.