Techniques that are used for regulating matters of private international Law, especially contracts and family matters, which have an international dimension. The course will consider the rules on conflicts of Laws, the scope of jurisdiction in civil matters and recognition of foreign judicial decisions.
Students attending the course may use the notes from the lectures, together with the reading materials to be distributed during the course. Alternatively, the following text is recommended: F. Mosconi e C. Campiglio, Diritto internazionale privato e processuale. Parte generale e obbligazioni, 10th ed., UTET, 2022 - Chapter II, Section II, para 22-24 (Immunities) and Chapters VI and VII excluded.
The main texts will be available on the website page of the Course (e-learning).
An active participation at the final seminar (https://www.giurisprudenza.unifi.it/p395.html) is requested for students attending the course.
There is no differentiated program for Erasmus students
Learning Objectives
Knowledge
To understand how relations of private law with an international dimension are governed. A particular emphasis will be on the techniques for coordinating legal systems in the perspective of Italian private international Law, taking into account the increasing role of EU Law.
Abilities
To acquire a basic knowledge of the subject which would be adequate for an eventual examination for acceding to the legal professions. To be able to approach questions of private international law. To increase the ability to analyze judicial decisions.
Results to be obtained
Understanding of the relations between the rules on the scope of jurisdiction, on the recognition of foreign decisions and on the law applicable to the merits of disputes.
Prerequisites
Students must have passed the exams of: Constitutional law (Diritto costituzionale generale), Private Law (Diritto privato I). It is suggested also to have passed EU Law (Diritto dell'Unione europea).
Teaching Methods
Lectures and seminars (48 hours).
In the final part of the course a group of judicial decisions will be analyzed with an active participation of the students attending the course. Students will be requested of searching decisions autonomously, creating a database, discuss in a Forum (on Moodle) and debate.
Further information
For the final dissertation, students are requested to attend Diritto internazionale avanzato (International Law advanced course).
Type of Assessment
oral examination. At the end of the course: one optional written test reserved to students attendeing the course.
Course program
Conflict of laws: general questions. The rules of conflict concerning contracts: the Rome I regulation. Jurisdiction in civil and commercial matters; recognition and enforcement of foreign judicial decisions (under Law No. 218 of 1995 and under EC Regulation Brussels I bis). The program may vary.