Educational goals: The course aims to study and take a closer look at the various aspects and problems of the Private International Legal System in force in Italy, accounting also for any related changes undergone by Italian Law for the purpose of compliance with the specific and binding obligations set forth by International Law and European Union Law. The course will therefore focus on the study of the basic elements of the subject and, in this sense, will examine the issues related to the notion and characteristics of Private international law (PIL), to the mechanisms for determining the applicable law, the jurisdiction for PIL disputes and the recognition of judgments and foreign acts. Particular attention will be paid, in this context, to the impact of law protecting human rights on PIL.
Content: The syllabus for examination will focus on the nature, characteristics and functioning of Private International Law, including in the light of its relations with:
- National Law
- Foreign Law
- International Law
- European Union Law
Extended Syllabus:
1. Legal framework of the subject: notion, characteristics, sectors of Private international Law (PIL)
1.1 Relations with the other branches of National Law
1.2 Relations with International Law
1.3 Relations with European Union Law
2. Choice of the applicable law
2.1 The various legislative methods for identifying the applicable law
2.2 The "conflict-of-law rules": nature, characteristics and functioning
2.3 Mechanisms of Private International Law. Rules of "renvoi".
2.4 Applicable foreign law: nature and status in the lex fori
2.5 Public order and primacy of fundamental rights
3 The Italian jurisdiction
3.1 National rules and uniform law
3.2 Principle of party autonomy and its limits
3.3 Procedural aspects in PIL
3.4 Immunity from the Italian jurisdiction
3.5 Other methods of arbitration and dispute resolution
4. Recognition and enforcement of foreign judgements
4.1 The principle of "automatism" of EU origin
4.2 The procedure for the recognition of foreign judgements
4.3 Transcription, registration and annotation of foreign judgements in the public registers
Reading material/Recommended books:
For attending students:
The examination will be based on the topics of the lessons and on the material specified during the Course. The recommended text is the following: Gabriella CARELLA, Fondamenti di Diritto internazionale privato. Tra sovranità, cooperazione e diritti umani, Giappichelli-Torino, 2019, ISBN:9788892118003.
For non-attending students:
The examination will be based on the whole of the book Gabriella CARELLA, Fondamenti di Diritto internazionale privato. Tra sovranità, cooperazione e diritti umani, Giappichelli-Torino, 2019, ISBN:9788892118003. It is also recommended the study of significant legislation in the Italian State and of the European Union, as reported in the book.
Teaching methods:
Lectures.
Exercises
Learning verification methods:
Oral examination