Unit INTERNATIONAL PRIVATE LAW AND GLOBALIZATION
- Course
- Legal services
- Study-unit Code
- A003054
- Location
- PERUGIA
- Curriculum
- Law and technologies
- Teacher
- Alessandra Lanciotti
- Teachers
-
- Alessandra Lanciotti
- Hours
- 42 ore - Alessandra Lanciotti
- CFU
- 6
- Course Regulation
- Coorte 2022
- Offered
- 2023/24
- Type of study-unit
- Opzionale (Optional)
- Type of learning activities
- Attività formativa monodisciplinare
- Language of instruction
- Italian
- Contents
- The course aims to introduce students to the study of the private international law system. Through the examination of the relevant sources and case-law, it aims to provide basic knowledge on the conflict of laws methods in relation to situations involving subjects of different nationalities or origins, and facts and relationships with international elements, that are increasingly frequent in the era of globalization
- Reference texts
- VILLANI Ugo, Diritto internazionale privato: profili generali, Edizioni Scientifiche Italiane, Napoli, 2019
Other materials and readings on the second part of the program will be provided by the professor - Educational objectives
- Considering that in the globalized world exchanges and relationships between subjects coming from different countries are very frequent, the course aims to provide the basic knowledge of the choice of law mechanisms and the rules on jurisdiction. The course also aims to give the students the skills for identifying and interpreting the most relevant domestic, European and international pieces of legislation in the field of private international law.
- Prerequisites
- A basic knowledge of the main institutes of private law and of the sources of law.
- Teaching methods
- The course consists of a series of face to face lessons and some pre-recorded lessons, both with the use of presentations in power point. Reading materials related to the topics discussed in class, such as case-law and texts of relevant EU regulations are provided by the professor. Those materials are also available from Unistudium platform.
- Other information
- Course attendance (on II Semester) is not compulsory. However, it becomes essential for those students wishing to write their final essay (thesis) in Private International Law. Attendance to class is highly recommended for Erasmus incoming Students who want to take the exam of “Private International Law”.
- Learning verification modality
- The exam consists of an oral examination, i.e. an interview (lasting approximately 15-20 minutes) during which the professor poses questions to
the student in spoken form about the topics included in the programme For students who have attended classes, question can be related also to issues and cases examined in class. The duration of the examination may vary depending on the answers given by each candidate. - Extended program
- 1.APPLICABLE LAW
- What is Private international Law. Nature and function of conflict of law rules.
- Sources of private international law: Law No. 218 of 1995 on the reform of the Italian system of private International law; International Conventions and EU regulations. The role of uniform law conventions.
- The so called "communitarization" of private international law: the main EU regulations which provide uniform rules determining the law applicable, the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and on family matters.
- the interpretative role of the EU Court of Justice.
- The structure of the conflict of law rule; the ‘abstract category’ and the dépeçage.
- The connecting factors envisaged for the identification of the law applicable to cases that have connections to more than one jurisdiction. Classification of connecting factors, plurality of connecting factors (subsequent and alternative concurrence of factors). Examples.
- Assessment and application of foreign law, the "jura novit curia" principle.
- The so called "qualification" problem.
- The "renvoi" (article 13, Law No. 218 of 1995).
- Interstate conflict of laws (article 18, Law No. 218 of 1995).
- Limits to the application of foreign laws: the "ordre public" exception
and the "lois the police" (articles 16 and 17, Law No. 218 of 1995).
2. JURISDICTION:
-Jurisdictional links according to articles 3 and 4 of Law 218 of 1995;
- jurisdiction under UE Regulation “Brussels I bis” (Reg. No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) and Regulation Bruxelles II bis (Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters).
- Principle governing the recognition of foreign judgments (in brief). - Obiettivi Agenda 2030 per lo sviluppo sostenibile
- 4, 5, 10
INTERNATIONAL PRIVATE LAW AND GLOBALIZATION
| Code | A003054 |
|---|---|
| Location | PERUGIA |
| CFU | 2 |
| Teacher | Alessandra Lanciotti |
| Learning activities | Caratterizzante |
| Area | Giurisprudenza |
| Academic discipline | IUS/13 |
| Type of study-unit | Opzionale (Optional) |
INTERNATIONAL PRIVATE LAW AND GLOBALIZATION
| Code | A003054 |
|---|---|
| Location | PERUGIA |
| CFU | 4 |
| Teacher | Alessandra Lanciotti |
| Learning activities | Caratterizzante |
| Area | Giurisprudenza |
| Academic discipline | IUS/13 |
| Type of study-unit | Opzionale (Optional) |