LANGUAGE OF TEACHING
English
CONTENTS
Part I: Definition and scope of Private International Law. The sources of Private International Law. The “communitarization” of Private International Law. Preliminary topics: conflict-of-law rules, connecting factors, characterization, the proof of foreign law, renvoi, public policy and overriding mandatory rules. Part. II: Regulation EU No 1215/2012 (Brussels I-bis Regulation): jurisdiction, recognition and enforcement of foreign judgments in civil and commercial matters. Part III: the law applicable to obligations: Regulation (EC) No 593/2008 (Rome I) on contractual obligations and Regulation (EC) No 864/2007 (Rome II) on non-contractual obligations. Part. IV: Matrimonial matters. Regulation (EC) No 2201/2003 (jurisdiction, recognition and enforcement of foreign judgments) and Regulation (EU) No 1259/2010 (law applicable to separation and divorce). Brief overview on Regulation (EU) No 650/2012 on international successions.
REFERENCE TEXTS
The students who will regularly attend the course will prepare the exam only on the notes taken during the classes and the materials delivered throughout the course.
The text-book for non-attending students is the following: Alfonso-Luis Calvo Caravaca, Javier Carrascosa Gonzalez (editors), European Private International Law, Granada, 2022, only the following chapters: I (Private International Law. The fundamental issues), II (The private international law of the European Union. Sources, methods, matters), III (Natural person), VI (Divorce, legal separation and nullity of marriage), VII (Parental responsibility), X (International succession law), XI (International jurisdiction and international business. The Brussels I-bis Regulation), XIII (Contracts (I). The Rome I Regulation), XVII (Torts. The the European Union).
LEARNING OBJECTIVES
The course, which is taught in English, aims at reaching a comprehensive understanding of European Private International Law, paying particular attention to the main European instruments concerning jurisdiction, recognition and enforcement of foreign judgments in civil and commercial matters; conflict-of-laws rules on obligations; family matters.
PREREQUISITES
A basic knowledge of EU law is recommended.
TEACHING METHODS
The course will be organized in traditional lectures and case-law analysis.
OTHER INFORMATIONS
The students who will have successfully passed the exam of European Private International Law (Professor Ornella Feraci) will be allowed to prepare the exam of Diritto internazionale privato (Professor Maria Luisa Padelletti) on a reduced program.
METHODS OF VERIFYING LEARNING
Learning is assessed by means of a final written examination covering the entire programme. The student's performance is assessed on the basis of the level of knowledge of the topics, clarity of presentation, reasoning skills and command of legal language.