Private International Law of Contractual and Non-Contratractual Obligations - 6 crediti
Contenuti del corso
The course addresses the issues raised by contracts and non-contractual obligations that feature a foreign element, as regards both the identification of the court (or courts) possessing jurisdiction and the determination of the law (or rules of law, as the case may be) applicable to the substance of the situation.
Provisions enacted by the European Union will lie at the centre of the stage: the focus will be on Regulation (EU) No 1215/2012 (“Brussels I bis”), and on Regulations (EC) No 593/2008 (“Rome I”) and No 864/2007 (“Rome II”). Other legal instruments, either already adopted or still under elaboration, will equally be considered, including the Hague Convention of 30 June 2005 on Choice of Court Agreements and the Hague (draft) Principles on Choice of Law in International Commercial Contracts.
Seminars devoted to the discussion of relevant case law will supplement traditional classes.
Testi consigliati
At the beginning of the course a reading list will be provided to students who attend classes.
Students who do not attend classes may prepare for the examination studying the following texts (to the extent indicated in brackets): M. Bogdan, Concise Introduction to EU Private International Law, 2nd ed., Europa Law Publishing, 2012 (pp. 3-16; 31-71; 117-151); P. Stone, EU Private International Law, 2nd ed., Edward Elgar, 2010 (pp. 52-62 , excluded service; 75-108; 164-204; 287-328; 335-338; 346-354 excluded directives; 369-390; 404-406); S. Symeonides, The Hague Principles on Choice of Law for International Contracts, in American Journal of Comparative Law, 2013, 873-899; S. Zogg, Accumulation of Contractual and Tortious Causes of Action under the Judgments Regulation, in Journal of Private International Law, 2013, 39-76; T. Ratkovic, D. Zgrabljicrotar, Choice-of-Court Agreements under the Brussels I Regulation (Recast), in Journal of Private International Law, 2013, 245-268.
