62514 - Private International Law

Learning outcomes

At the end of the course unit, students: - possess an in-depth knowledge about the mechanisms set up in the main legal orders of civil and common law or established at the international level and by the European Union to regulate legal relationships characterized by international elements concerning either the applicable legal system or the competent jurisdiction; - are capable to resolve core legal issues about inheritances, obligations and family law where the relationships involving the main subjects are characterized by international elements, from the perspective of the national legal order concerned.

Course contents

Attendance will be possible also online.

The course will enable students to critically understand and deal professionally with international private issues. To this effect, the main topics of private international law - jurisdiction, applicable law and recognition and enforcement of foreign decisions, international cooperation - will be analyzed by examining examining some of the most relevant categories of private international law - marriage and divorce, filiation and adoption, international contracts and succession and wills.

In particular, this will make it possible to explore 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, also from a historical and comparative point of view (including the autonomy of the parties and the rules of uniform substantive law), as well as the resolution of disputes (state jurisdiction, international arbitration, alternative means of dispute resolution).

Readings/Bibliography

Reading material and the slides of the lectures will be available on the course website: virtuale.unibo.it

 

Teaching methods

Attendance will also be possible online.

 

Assessment methods

THE EXAM IS HELD IN ENGLISH

Until the health emergency continues, students can choose between these two options: a) oral exam; b) written test. To register the mark, it is however necessary to register on Almaesami. Students will receive a link to the platform on which the exam will take place, but only when the lists are closed (basically on the eve of the exam).


a) The oral exam consists of the answer to two / three questions on the programme. The exam is in presence or, it the students prefer, online on Teams. In this case, a connection with audio and camera is required, preferably with a computer or tablet. During the examination, the hands must remain visible. It is necessary to show the teacher a document so that identity can be verified. No more than a certain number of students can be examined per day (online exams take much longer) and therefore students must choose one of the official dates but may have to take the exam the next day or even the following day.


b) The written exam consists of 15 questions with 3 possible answers (1 correct, 2 false) on the course program, identical for attending and non-attending students. Students have 20 minutes to answer. With 15 correct answers, the mark will be 30 cum laude; 13/14 replies, 30; 12 answers: 28; 11 answers: 27; 10 answers: 26; 9 answers: 25; 8 answers: 24. With 7 or less correct answers, the exam must be repeated. Students who prefer to refuse the mark will have to repeat the written exam on the following date. In case of connection problems, the students may exceptionally ask to be admitted to take the oral exam in the same appeal, or they will have to repeat the written to the next appeal. In January 2022 the exam will be online on Teams. For February 2022 students will receive an update.

Upon cessation of the health emergency, the procedures for carrying out the examination will be specified again.

Teaching tools

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

 

Office hours

See the website of Alessandra Zanobetti