50169 - EU PRIVATE INTERNATIONAL LAW
Course taught in English
Go to class group/s: 31
MARIA PAOLA MARIANI
Class 31: MARIA PAOLA MARIANI
Private international law is the subject studied in this course. Private international law covers three main areas: national court jurisdiction to decide cases with foreign elements; recognition and enforcement of national courts decisions from other national jurisdictions; conflict of law, the system to choose what law is to govern the resolution of international issues in dispute. Every Nation has its own conflict of laws, and so Italy. Since 1999, the private international law of the EU Member States is increasingly regulated by the European Union, making private international law ever less 'national' and ever more EU based. The course is mainly focused on the EU system. A seminar on the Italian system (compulsory only for Italian students) is held in Italian.
- The Concept, Nature and Development of Private International Law.
- Sources of Private International Law.
- The Impact of European Law on the Private International Law of the Member States.
- International jurisdiction.
- The European area of justice: the international jurisdiction.
- The European area of justice: recognition and enforcement of judgments.
- Conflicts rules.
- Interpretation and implementation of conflict rules.
- Individuals and corporate entities.
- International contracts and torts.
- Cross border insolvency.
- The Italian system.
- Understand the operation of national and EU Private international law systems.
- Define cross border private relationships and identify the legal orders involved.
- Identify the applicable conflict of law provision and the applicable law.
- Identify the national courts competent to settle international disputes.
- Identify the enforceability of foreign decisions in domestic legal systems.
- Apply the appropriate conflict of law provisions to solve hypothetical cases.
- Discuss the different policy options inspiring different private international law regalutory choice.
- Explain the connection between EU economic integration process and the Private international law regulations.
- Face-to-face lectures
- Case studies /Incidents (traditional, online)
- Individual assignments
Students are also assigned Court Judgments to be discussed in class. Because of the course’s set up, the need to discuss the case law in class, as well as the need to learn how to solve hypothetical cases, a committed and pro-active attendance is highly recommended.
|Continuous assessment||Partial exams||General exam|
- General exam: written exam with open-ended questions: Students are requested to answer in English four questions within the allocated space for each answer in 80 minutes. Two specific questions to be answered by substantiated answers and two hypotetical cases to be solved and motivated. The well-known Bocconi rules on grades of exams are applicable (grades of at least 18/30 are passing grades; no retake exam is allowed).
- Partial exams: All students may split the final exam in two parts, each worth 50% of the final grade. Students who wish to avail themselves of this possibility have to sit a written partial exam in October and sit the remaining part of the exam at the partial exam session in January. Exchange students may also sit the remaining part of the exam in the December session. Each written partial exam consists of two questions, to be answered in English within the allocated space for each answer in 40 minutes.
- G. VAN CALSTER, European Private International Law, Oxford, Hart Pub., latest edition.
Only for Italian students:
- B. BAREL, S. ARMELLINI, Diritto internazionale privato (manuale breve), Milano, Giuffrè, ultima edizione (parte prima, capitoli I, II, III).
- Other teaching materials (slides, Court decisions, legislations) are announced before each class and uploaded to the Bboard platform.