OVERVIEW

The course consists in a in-depth study of topics concerning private and procedural international law. 

AIMS AND CONTENT

AIMS AND LEARNING OUTCOMES

The course aims to critically analyze the multiple sources in force in the Italian legal system in the field of international civil procedural law and private international law (both those of internal origin and those contained in international conventions and European Union regulations) , in light of the orientations of the doctrine as well as of the jurisprudential cases (including those addressed by the European Court of Human Rights, given the growing role played by fundamental human rights also in our matter).

The objective is to perfect the student's knowledge in these subjects, developing their ability to organize the complex framework of regulatory sources as well as to reason and solve the main problems (from the legal qualification of the case, to the referral technique, up to the solution preliminary questions and issues related to the application of the institutions of public order and the necessary enforcement rules).

We will focus on the international-private aspects that are relevant in the current affairs of legal discipline, analyzing cases and materials of European origin and examining the applicability of existing rules to new cases. Furthermore, particular attention will be paid to the limits of public order and the necessary application rules, examined in light of the most recent rulings of the Court of Justice of the European Union and the Italian Court of Cassation.

PREREQUISITES

Basic principles of priivate International law

TEACHING METHODS

During the frontal lessons, in carrying out the reconstruction and arrangement of the discipline of the matter in force within the Italian legal system, the application profiles will be reconstructed, frequently having regard - in addition to the directions of the doctrine - to jurisprudential arrests, from those that have marked the history of the subject up to the most recent ones.

In order to encourage attention and the development of reasoning skills, attending students will be constantly involved during the lessons, both in the critical analysis of current regulatory provisions and in the discussion of the most important jurisprudential cases (through case-based learning mechanisms  and wooclap). The latter will be indicated in advance by the teacher, in order to facilitate active participation in the 

SYLLABUS/CONTENT

The course will deal with the following topics, both from the point of view of international civil procedural law and from the point of view of private international law in the strict sense

1- Family relations in PiL (in-depth study on European regulations regarding the dissolution of the marital bond, filiation, inheritance and on the regulations relating to registered unions)

2- private international law of the internet (practical analysis of jurisdiction, choice of law, recognition and enforcement of judgments in the context of online activities, examining the areas where private legal relationships are most influenced by the Internet )

3. The limits of public order and of the peremptory norms  (analysis of national and European jurisprudence which outlines the characteristics of said limits in the context of recently emerging cases)

RECOMMENDED READING/BIBLIOGRAPHY

For students attending lectures:

Please see indications on aulaweb, but as a reference see:

S.M. CARBONE - C. TUO, Il nuovo spazio giudiziario europeo in materia civile e commerciale, Torino, 2016 (parts to be studied will be indicated during lectures) ;

F. Carpaneto, F. Pesce, I. Queirolo, La "famiglia in movimento" nello spazio europeo di libertà e giustizia, Giappichelli, 2019 (parts to be studied will be indicated during lectures) 

round 300 pagine, 6CFU.

For students NOT attending lectures:

S. Carbone, C. Tuo, Il nuovo spazio giudiziario europeo in materia civile e commerciale. Il regolamento Ue n. 1215/2012, Giappichelli, Torino, 2016 limitatamente a Capo I

F. Carpaneto, F. Pesce, I. Queirolo, La "famiglia in movimento" nello spazio europeo di libertà e giustizia, Giappichelli, 2019 (pag. 1-327)

around 420 pagine for 6CFU.

TEACHERS AND EXAM BOARD

Exam Board

MARIA ELENA DE MAESTRI (President)

LESSONS

LESSONS START

I semester from September 14th to December 4th 2020
II semester from February 15th to May 7th 2021

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam is carried out orally and consists, in principle, and without prejudice to the need for any further investigation, of three questions.
The Commission is designated by the Department Council and in any case includes the teacher in charge of the course. The student will have to register electronically for the exam, within the prescribed time: failure to register will make it impossible to take the test.

Only students who attend at least 2/3 of the lessons are also given the opportunity to replace the oral exam with written tests carried out immediately after the end of each part and consisting of multiple choice questions.

ASSESSMENT METHODS

The oral exam aims to verify the acquisition, by the candidate, of in-depth knowledge in relation to the topics of the course. The evaluation of the oral exam also takes into account the methods of verbal exposition of the concepts, including the use of appropriate legal terminology, as well as the ability of critical reasoning and personal re-elaboration of the issues addressed.

Exam schedule

FURTHER INFORMATION

Students who have duly filed a certification of DSA, disability or other educational needs special requests to contact both the contact person the teacher at the beginning of the course, in orer to agree on teaching and examination methods which, in compliance with the teaching objectives, take into account the methods of individual learning and provide suitable compensatory tools.