AIMS AND CONTENT

AIMS AND LEARNING OUTCOMES

Module 1, named ‘Private International Law for Businesses’ (cod. 55595), aims - through case studies and domestic, foreign, international and supranational case law - to provide advanced notions of private international law, outlining a comprehensive overview of the rules applicable to companies, and focusing on the provisions of uniform substantive law and conflict-of-law rules of national, international and European Union sources applicable to their business relations with transnational implications. In this perspective, attention will be paid to (i) the coordination of the different sources (domestic, supranational-EU and international) on the subject, and then, in particular, to the PIL rules on (ii) contractual obligations (with specific regard to contracts for sale of goods and for provision of services; franchising, contracts of carriage; consumer, insurance and employment contracts) and (iii) non-contractual obligations (with specific regard to liability for: violations of privacy and personality rights, environmental damage, product damage; acts of unfair competition and antitrust torts, infringement of intellectual property, trade union activity).

Individual study, attendance and participation in the proposed training activities will enable students to

• analyse and understand the rules and dynamics governing the coordination of the various sources (domestic, supranational and international) intended to affect issues of private international law;
• identify and understand the rules of international, supranational and domestic law that promote and guarantee access to justice in civil matters, in situations with cross-border implications, both intra- and extra-EU;
• analyse and understand the different techniques that, in the field of Private International Law, concern (i) the identification of the law applicable to private law transactions of a 'cross-border' nature and (ii) the applicability, in the Italian legal system, of legal rules in force in foreign legal systems, as well as of acts or decisions adopted abroad;
• select, connect and apply the main reference techniques and rules in the above-mentioned subjects, also through the analysis of concrete problems occurred in practice and the simulation of cases;
• understand, and critically comment on, the incidence, in the various sectors subject to analysis and reflection, of the internal, supranational and international norms protecting fundamental rights;
• read and critically examine, with independent judgement, scientific articles in the field of private international law;
• analyse, and critically comment on, texts of judgments of International Courts, Courts of Merit, Courts of Law and Constitutional Courts relating to issues of Private International Law, extracting from them the most relevant principles underlying the matter;
• design synergies and group work, developing the capacity for fruitful discussion with colleagues on private international law issues;
• consolidate and strengthen the ability to express oneself in appropriate technical legal language;
• manage social interactions constructively and with a collaborative and respectful attitude towards the environment and interlocutors;
• formulate and present expositions in the classroom, refining and consolidating public speaking skills;
• structure and produce written legal texts, arguing with logical coherence and critical capacity.

TEACHING METHODS

Module 1 (18 hours - 3 CFU) consists of (a) lectures, during which the topics of private international law specified in the program will be analysed and explored in depth, and (b) guided classroom exercises on selected materials. It is also envisaged, on a voluntary basis, the (c) drafting of term papers on specific topics, agreed upon with the professor, and the (d) participation in the film review ‘I diritti di tutti’ (Everybody's Rights), during which at least one film on international issues will be presented by the course students.

Normative and up-to-date materials will be made available on the Aulaweb; case law and other materials will also be uploaded for attending students with a view to exercises and a better understanding of the topics covered in class.

Sometimes, scholars and experts in the field or professionals may be invited to give lectures on topics of particular interest and topicality, to enable the students to gain a greater awareness of the concrete and applied dimension of the subject.

SYLLABUS/CONTENT

Module 1: Private International Law for Businesses (cod. 55595).

Module 1 aims to provide advanced knowledge in the field of private international law (PIL), through an examination of the rules governing

•  the coordination of the different sources of private international law relevant in the presence of business activity open to export and to the ‘international’ dimension;
• the law applicable to contractual obligations related to such activity (contracts for sale of goods and for provision of services; franchising; contracts of carriage; consumer; insurance and employment contracts);
• the law applicable to non-contractual obligations related to such activity to (liability for: violations of privacy and personality rights; environmental damage; product damage; acts of unfair competition and antitrust torts; infringement of intellectual property; trade union activity).

RECOMMENDED READING/BIBLIOGRAPHY

Module 1, Private International Law for Businesses (cod. 55595)

Textbooks and reading materials for attending students.

In addition to the teaching material (articles of doctrine, normative materials and case law) available on the University portal www.aulaweb.unige.it, the following are recommended as reference texts:

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, vol. I, Parte generale e obbligazioni, XI ed., UTET giuridica, Milan, 2024, Chap. VI (in full) and Chap. VII (§§ 1-18).

Textbooks and reading materials for non-attending students.

The following are recommended as reference texts:

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, vol. I, Parte generale e obbligazioni, XI ed., UTET giuridica, Milan, 2024, Chap. VI and Chap. VII (both in full).

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Students with regular disability certification or a diagnosis of SLD may request the use of compensatory measures (e.g. additional time, concept maps, modifications in the written/oral mode) during the examination, following the procedure indicated in the guidelines (p. 5) published here: qui.

Students (i) in incoming international mobility (Erasmus or other programmes) or who (ii) have opted for the International Law and European Union Law courses may prepare their exam on the following text: Alfonso-Luis Calvo Caravaca Javier Carrascosa González (eds.), European Private International Law, Editorial Comares, Granada (ES), 2022, Chapters I, II, XI, XII, XIII, XIV, XV, XVI and XVII.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

a.y. 2024-2025, II semester (2025, February)

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam is sustained in oral form. Only the students attending at least 2/3 of the lessons are entitled to take the exam through written tests. As far as written tests are concerned, the student answers 20 questions with multiple answer (for maximum 20 points) and one open question (for maximum 10 points), without the possibility to examine legal sources. Each correct answer to the questions at multiple answer is evaluated 1/20, while each incorrect answer or no answer is evaluated 0/20.

Presentations of cases by the students – of which account will also be taken with a view to determining the final mark – will contribute to the development of specific competences in the area of public speaking and team work, also with a view to the award of Open Badge. The eventual drafting of term papers on specific topics – the outcome of which is also taken into account for the purposes of the final mark – is aimed at developing

Exam schedule