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, ever more frequent in nowadays' world, raise conflict of laws issues. The course will deal with those issues, namely with the allocation of jurisdiction, the choice of the applicable law, and the recognition and enforcement of foreign judgments, in light of the extensive body of EU legal acts adopted in the field, as well as of the main international conventions and national legislation on private international law. The course aims to let students acquire familiarity with the methods developed in both theory and practice of the conflict of laws. Special attention will be devoted in the course to the impact of EU legislation in matters of private international law, and to the vital role of judgments delivered by the Court of Justice of the European Union concerning its interpretation, in order to let students develop an ability to apply the relevant legal rules to the circumstances of individual cases.

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.

(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)

Students shall have care to consult the relevant international conventions, EU and national legislation, as cited in the classes or the textbook. For this purpose, they may avail themselves of the materials posted on the dedicated webpage.

• The course will be delivered in classes (lezioni frontali). These will be supplemented by case studies (esercitazioni), based on cases decided mostly by the Court of Justice of the European Union, the European Court of Human Rights, or national courts, which will be posted on the webpage of the course. Special attention will be devoted to the discussion of cases, in order to allow students develop an ability to discuss competently in English issues related to the main topics forming the subject of the course, acquiring a good command of the relevant legal terminology as well as a deep understanding of the legal problems inherent in the field of the conflict of laws.

• The examination will take place orally and comprises two to four questions. To pass the examination, the student must demonstrate that he/she has read and analysed the legislative text (possibly clarifying it with examples); express himself/herself with language properties; and demonstrate logical-deductive skills. Normally, the ability to apply the knowledge acquired constitutes an increase in the final assessment.

  In this context, the assessment will normally be composed as follows:

  a) knowledge and ability to understand texts: 30% of the overall assessment;

  b) ability to make connections: 30% of the overall assessment total;

  c) autonomy of judgement and critical thinking: 30% of the overall assessment total;

  d) ability to apply the knowledge acquired: 10% of the overall assessment total.

  Students are advised that the values indicated are a useful guideline for the teacher in calculating the final grade, but they are indicative and not binding.

  
  

Course delivered entirely in English

English