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
- 32 ore - Alessandra Lanciotti
- CFU
- 6
- Course Regulation
- Coorte 2023
- Offered
- 2024/25
- 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 main sources of law and case law, it provides basic knowledge on the conflict of laws methods in relation to facts and situations involving subjects of different nationalities or origin, 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 are available on Unistudium platform - Educational objectives
- Considering that in the globalized world relationships between subjects coming from different countries are very frequent, the course aims to provide the students with a basic knowledge of the choice of law mechanisms and the rules on jurisdiction. Furthermore, the course intends to offer to students the skills for identifying and interpreting the most relevant domestic, European and international pieces of legislation applicable in the field of private international law.
- Prerequisites
- A basic knowledge of the main fields and sources of private law
- Teaching methods
- Classes in presence and online. 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 available on the Unistudium platform.
For students with disabilities or Specific Learning Disorders the University's guidelines are followed, they are accessible at https://www.unipg.it/disabilita-e-dsa/studenti-con-dsa#strumenti - Other information
- Course attendance (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 will be related 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.
- The so called "communitarization" of private international law: the main EU regulations which provide uniform rules determining the applicable law, State jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and on family matters (divorce).
- The interpretative role of the Court of Justice of the European Union.
- The structure of the conflict of law rule; the ‘abstract category’ and the dépeçage.
- The connecting factors; classification of the 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 according to the main UE Regulation:
--- Regulation “Brussels I bis" (Reg. No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) --- Regulation Bruxelles II ter (COUNCIL REGULATION (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction -recast).
- 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) |