B6121 - PRIVATE INTERNATIONAL LAW

Learning outcomes

At the end of the course the student – acquires an in-depth knowledge of private international, crucial for a future legal practice, as well as for international careers; - possesses the technical tools for understanding and solving the various private issues of an international character, thanks to the presentation of the subject from a comparative perspective, with many examples taken from practice and case-law.

Course contents

The course will enable students to critically understand and professionally address private law issues with elements of internationality. To this end, the main topics of private international law - jurisdiction, applicable law, recognition and enforcement of foreign decisions, international judicial cooperation and assistance - will be analysed, examining the most relevant catgories of private international law - divorce, international contracts and successions mortis causa.
This will allow in particular to explore in a historical and comparative key the different sources of private international law (international sources, sources of EU law, national sources, non-state law), the methods of regulation of private matters with elements of internationality (including party autonomy and rules of uniform substantive law), as well as dispute resolution (state jurisdiction, international arbitration, alternative means of dispute resolution).
The analysis of these issues will allow the examination of different visions of private international law, also analysing public policy in the management of private international law and the role of the subject in EU integration and global governance.

CONTENTS:

Introduction. The Subject. Terminology.(Textbook, Chapter 1)
EU Involvement. The Sources.(Textbook, Chapter 2)

Private International Law: an overview in an historical perspective (Textbook, Chapter I).

General issues of Private International Law (Textbook, Chapter I)

The establishment of the area of freedom, security and justice and Private international law (Textbook, Chapter II)
Private international law of the EU (Textbook, Chapter II)

Divorce, legal separation and nullity of marriage: the applicable law (Textbook, Chapter VI)
Divorce, legal separation and nullity of marriage: jurisdiction and recognition of foreign decisions (Textbook, Chapter VI)

International Succession and Wills: the applicable law (Textbook, Chapter X).
Jurisdiction and recognition of foreign decisions; acceptance of authentic acts; the EU Certificate of succession (Textbook, Chapter X).

Regulation Brussels I: The Scope and Other General Features of the Regulation. Marriage Dissolution: Jurisdiction. (Textbook, Chapter XI).
Rules on jurisdiction (Textbook, Chapter XI)

Choice of court agreements (Textbook, Chapter XI)

International contracts: an overview (Textbook, Chapter XIII)

International Contracts. Regulation Rome I: The Scope and Other General Features of the Regulation(Textbook, Chapter XIII)

Party Autonomy. (Textbook, Chapter XIII))
Applicable Law in the Absence of Choice.(Textbook, Chapter XIII)

Consumer contracts and private international law (Textbook, Chapter XV)
Art. 6 of the Rome I Regulation (Textbook, Chapter XV)

Recognition and enforcement of foreign judgments (Textbook, Chapter XXI)
The Brussels I bis Regulation on recognition and enforcement of foreign judgments (Textbook, Chapter XXI).

International Commercial Arbitration: the arbitration agreement (Textbook, Chapter XXII)
Recognition and enforcement of arbitral awards (Textbook, Chapter XXII).

 

Readings/Bibliography

A.-L. Calvo Caravaca, J. Carrascosa González (editors), European Private International Law, Comares, Granada, 2022 (only the Chapters referred to in the programme of the course).
Further reading material and the slides of the lectures will be available on the course website: virtuale.unibo.it

Teaching methods

The course consists of lectures and interactive seminars. Interactive seminars involve the analysis and discussion of case law and scholarly writings, made available to students through the website of the course. Students are expected to actively take part in the seminars.

Assessment methods

THE EXAM IS HELD IN ENGLISH

The final exam is oral or written, at the choice of the students.

The written exam consists in questions with 3 possible answers (1 correct, 2 false) on the course programme, identical for attending and non-attending students.

The oral exams consists in questions on the course programme.

Teaching tools

Students are required to get a copy of the textbook (the assessment will focus only on the chapters referred to in the course programme).

Slides, case law and reading material will be available on the course website: virtuale.unibo.it.

Office hours

See the website of Alessandra Zanobetti