Private International Law - 6 crediti

Contenuti del corso

1. INTRODUCTION
Private International Law (PIL): its object and raison d’être. The attitude of PIL towards legal pluralism. Some general features of PIL rules. An overview on the methods they employ. Historical development of PIL. The doctrine of PIL.
The sources of PIL and their interplay. The international unification of PIL rules (actors, instruments, achievements). The action carried out by the European Union in the field of “judicial cooperation in civil matters” (legal basis, institutional and procedural aspects, distinctive features of the body of rules enacted so far).
The policies of PIL: the constitutional dimension of PIL rules; PIL and human rights.
The “contexts” of PIL: PIL in the framework of judicial and arbitral proceedings; PIL before public notaries and administrative bodies; PIL and business management.

2. JURISDICTION
Regulating jurisdiction in respect of transnational cases: policies, approaches, techniques. Lis alibi pendens and related actions. Jurisdiction in respect of provisional, including protective, measures.
The European Union regime on jurisdiction in “civil and commercial matters” (regulation 44/2001/EC and its envisaged review), in matrimonial matters and in matters relating to parental responsibility (regulation 2201/2003/EC).

3. THE CONFLICT OF LAWS
Determining the law applicable to legal relationships with a foreign element: essential features of “traditional” and “substantive” conflict of laws rules; their purpose and structure. General issues regarding the functioning of conflict of laws rules: characterization; the law applicable to “preliminary questions”; renvoi; public policy and mandatory provisions. Foreign law in civil proceedings.
The European Union regime on the law applicable to contractual obligations (regulation 593/2008/EC) and separation and divorce (regulation 1259/2010/EU).

4. RECOGNITION AND ENFORCEMENT OF DECISIONS
The extraterritorial effect of measures adopted by judicial and other authorities: theoretical framework. Techniques employed in the field of recognition and enforcement of foreign decisions.
The European Union regime on the recognition and enforcement of judgments in “civil and commercial matters” (regulation 44/2001/EC and its envisaged review), in matrimonial matters and in matters relating to parental responsibility (regulation 2201/2003/EC).

5. INTERNATIONAL JUDICIAL ASSISTANCE
Providing cooperation to foreign authorities in the area of civil justice: grounds for assistance, governing principles, available techniques.
The European Union regime regarding cooperation in the taking of evidence abroad in civil and commercial matters (regulation 1206/2001/EC).

Testi consigliati

A reading list will be provided to students who attend classes at the beginning of the course.

Students who do not attend classes may prepare for the examination by reading CLARKSON, HILL, The Conflict of Laws, Fourth Edition, Oxford University Press, 2011 (chapters 1, 2, 3, 4, 6 and 7 only).