AIMS AND LEARNING OUTCOMES

The course aims to critically analyze the discipline of private and procedural international law, with particular attention to the multiple sources in force in the Italian legal system in the field  (both those of internal origin, as well as those contained in international conventions and in the EU regulations), in the light of the guidelines of the doctrine as well as of case law. To complete what has been learned in the basic teaching of international law, the aim is to improve the student's knowledge in these subjects, developing the ability to organize the complex framework of regulatory sources as well as reasoning and solving the main problems. It is intended to provide students with knowledge relating to (a) the principles and main basic notions of private international law; (b) the rules contained in the Law no. 218/1995; (c) the methods by which the conflict rules operate, and the functioning of the connecting factors for the purpose of identifying the applicable law.

Individual study, attendance and participation in the proposed educational activities will allow the student to:

- Know and report in their contents the inspiring principles of the Italian discipline of private and procedural international law;

- Analyze and apply the main legal institutions related to the general theory of private international law;

- Apply the relevant norms, distinguishing the cases and creating links with the categories studied, for the solution of concrete and specific legal problems;

- Carry out research on the sources of private and procedural international law as well as Italian jurisprudence, the Court of Justice of the European Union, the European Court of Human Rights;

- Express with adequate technical language, both in oral and written form, on matters of private and procedural international law.

TEACHING METHODS

Frontal classes with text and case law material analysis (uploaded on aulaweb). Seminars might take place during classes with the teacher with experts of the subject matter.

SYLLABUS/CONTENT

In the first part, the course deals with the following topics: (i) General theory of private international law; (ii) The Italian Law No. 218/1995: scope of application (residual); (iii) The scope of the Italian jurisdiction, the identification of the applicable law and the recognition of foreign decisions in the Law No. 218/1995.

RECOMMENDED READING/BIBLIOGRAPHY

For students attending classes

Notes and materials on aulaweb can be integrated with F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II, Statuto personale e diritti reali, Torino, Giappichelli, 2019 (limited to the parts that will be indicated in class).

For students not attending classes

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Vol. II, Statuto personale e diritti reali, Torino, Giappichelli, 2019, pp. 1 - 139; pp. 199 - 251.