Even though there are no formal prerequisites for attending the course, some background knowledge of private law (such as provided in the course of "Foundations of Private Law") as well as of European Union law (such as provided in the course of "European Union Law") would be appropriate, in consideration of the importance of EU legislation in respect of the subject. As concerns students not enrolled in the IECoLS programme, a sufficient command of English is an implied prerequisite.

Transnational legal relationships—whether personal and familial or commercial and professional—are increasingly common in today’s interconnected world and raise complex issues of private international law. This course aims to address such issues through a practical, case-based approach, with particular emphasis on the case law of the Court of Justice of the European Union. The objective is to provide students with the ability to apply abstract legal rules—concerning jurisdiction, applicable law, and the recognition and enforcement of foreign judgments and acts—to the concrete dynamics of cross-border legal relationships and international agreements.

The course will mainly deal with the following topics:

1. The conflict of laws problem: the plurality, and diversity, of national legal systems in an ever more interconnected society.

2. The allocation of jurisdiction: an overview of the relevant rules.

3. The choice of the applicable law; an overview of the general issues of private international law; choice of law rules in the main areas of private legal relationships, including contracts, torts, divorce and personal separation, maintenance, succession.

4. The recognition and enforcement of foreign judgments: an overview of the relevant rules.

5. The recognition of personal and family status created abroad other than by a foreign judgment: recognition of foreign public documents and of legal situations as such.

Practical examples and cases.

(A) Cuniberti G.; Conflict of Laws: A Comparative Approach; Second Edition; Edward Elgar Publishing Cheltenham, UK - Northampton, MA, USA; 2022; Parts I-V (entire book); 978-1839106545 (paperback); 978-1839106538 (e-book)

Course delivered entirely in English.

Students are expected to consult the relevant legal sources, with particular reference to the EU regulations discussed during lectures or indicated in the textbook, as well as the Italian Private International Law Reform Act (Law No. 218 of 31 May 1995, as subsequently amended). For this purpose, they may refer to the legal texts that will be made available by the instructor in a dedicated folder on the course webpage or in the designated Teams channel.

• The course will be delivered through lectures, supplemented by the discussion of practical cases, with particular attention to the case law of the Court of Justice concerning the interpretation of EU regulations relevant to the various aspects of the subject. The aim is to develop students’ ability to address, with critical awareness, the issues arising in the application of the examined rules to the concrete reality of transnational legal relationships.

• The exams will take place in both written and oral form. Written proofs will be based on open questions (themes) on the topics treated in the course or included in the course syllabus. The oral proof, which ios optional and presupposes the passing of the written proof, may imply a further question on the topics dealt with in the course or contemplated in the course syllabus, with an impact on the overall assessment in the maximum range of 10%. Proofs will take place in closed-books mode (the consultation of legal texts or other materials will not be allowed). Since the course is taught in English as part of a programme entirely delivered in that language, written and oral proofs will take place in English.

  
  

  The following criteria will be retained in marking the proofs: a) knowledge and ability to understand legal texts: 40% of the overall assessment; b) ability to establish connections among legal texts: 20% of the overall assessment; c) ability to apply the knowledge acquired: 20% of the overall assessment; d) autonomy of judgment and of critical appraisal: 20% of the overall assessment.

Course delivered entirely in English

English