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 of the methods they employ. Historical development of PIL. The doctrine of PIL. The “contexts” of PIL: PIL in the framework of judicial and arbitral proceedings; PIL before public notaries and administrative bodies; PIL and business management. 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: substantive policies; PIL policies; PIL and human rights.
2. JURISDICTION
Regulating jurisdiction in respect of transnational cases: policies, approaches, techniques. Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial maters: scope of application; underlying principles; future review; the actor sequitur forum rei rule; exclusive heads of jurisdiction; special heads of jurisdiction; choice-of-court agreements; protective regimes for consumer and employment contracts; lis alibi pendens and related actions; provisional measures. Regulation (EC) No 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility: scope of application; underlying principles; jurisdiction over matrimonial disputes; jurisdiction in matters regarding parental responsibility; lis alibi pendens; provisional measures.
3. THE CONFLICT OF LAWS
Determining the law applicable to legal relationships with a foreign element: the “representations” of the conflict-of-laws problem; the means by which the problem may be dealt with. Some basic features of modern conflict of laws rules: the idea of localization and the opposition between “traditional” and “substantive” conflict-of-laws rules; the structure of the “conflictual reasoning” (“algorithme conflictuel”). General issues relating to the functioning of conflict of laws rules: characterization; the law applicable to “preliminary questions”; renvoi; public policy and mandatory provisions; the application of foreign law in civil proceedings. Regulation (EC) No 593/2008 on the law applicable to contractual obligations: scope of application; underlying principles; the law chosen by the parties; the law applicable in the absence of choice; consumer contracts and employment contracts; overriding mandatory provisions and public policy. Regulation (EC) No 1259/2010 on the law applicable to divorce and legal separation: scope of application; underlying principles; the law chosen by the spouses; the law applicable in the absence of choice; legal devices through which substantive considerations may affect the functioning of the regulation’s conflict-of-laws rules.
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. Recognition and enforcement of judgments under Regulation (EC) No 44/2001. Recognition and enforcement of judgments under Regulation (EC) No 2201/2003. Regulations abolishing the exequatur procedure (Regulation (EC) No 805/2004, No 1896/2006 and No 861/2007): an overview.
5. INTERNATIONAL JUDICIAL ASSISTANCE
Providing cooperation to foreign authorities in the area of civil justice: grounds for assistance, governing principles, available techniques. Regulation (EC) No 1206/2001 on cooperation in the taking of evidence abroad in civil and commercial matters: an overview.
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 (chapters 1, 2, 3, 5); P. Stone, EU Private International Law, 2nd ed., Edward Elgar, 2012 (paragraphs 2 and 3 of part 3); K. Boele-Woelki, For Better or For Worse: the Europanization of International Divorce Law, in Yearbook of Private International Law, 2010, p. 1-26; A.V.M. Struycken, Co-ordination and Co-operation in Respectful Disagreement: General Course on Private International Law, in Recueil des Cours de l’Académie de droit international de La Haye, vol. 311, 2004 (chapters I, II, V and VI).
