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

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 - divorce, 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).

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 themselves a copy of the textbook (the assessment will focus only on the Chapters referred to in the programme of the course).

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