Private International Law
A.Y. 2022/2023
Learning objectives
The broad reach of globalization and digitalization easily extend to daily choices of personal and business life. Contracts as well increasingly have a cross-border nature, both within the European Union, because of the freedom of movement that individuals, goods, services, and capitals enjoy according to EU law, and globally, as an effect of the international rules governing trade. Moreover, the growing importance of digital technologies in all sectors of modern life have a decisive impact on the ongoing economic and social transformations in the EU and worldwide. In this context, the sector of electronic commerce (e-commerce) has been developing faster and faster, resulting in both new opportunities and new challenges in the field of cross-border commercial and financial transactions. Thus, private international laws rules — i.e., the rules governing the law applicable to relations across different legal jurisdictions between natural persons, companies, and other legal entities, indicating the appropriate forum for the purpose of settling disputes between them, and, finally, that set out conditions for the recognition and enforcement of foreign judgements — are nowadays a necessary tool within business activities. This field of international law is characterized by a complex interweave of domestic and UE rules, and of uniform rules set out in international treaties. The course aims at providing students with the basics of the current private international law legal framework, through the analysis of the relevant domestic legislation and of the most important EU regulations, as well as at exploring private international law issues related to the digitalization of commercial and financial transactions. Not only will the teaching activities develop students' understanding of the rules, but they will also enhance their skills to apply such rules, and their mastery of legal language, together with their communication skills, through the examination of concrete cases, first in guided classroom mode, and then independently, with subsequent discussion in the classroom.
Expected learning outcomes
At the end of the course, students shall be acquainted with the founding aspects of private international law and will also have to be in the position to grasp the essence of its functioning, all the while showing knowledge of the provisions applicable to contracts and torts, with a special focus on the emerging issues related to the digitalization of the market. They are also expected to deal with the most frequent and urgent issues in private transnational relationships in an appropriate fashion, by resorting to the theoretical, linguistic, and normative toolbox of private international that they are required to acquire thorough the exam of the judicial application of relevant provisions, thanks to specific case-studies and adequate supporting materials. While attending the course, students will be required to perform hands-down research tasks, hence becoming confident with electronic case-law databases, scholarly collections, and other resources. Such skills, which may be used for autonomous research purposes, appear to be transferrable in nature, to be suitable to be eventually resorted to both in the course of their studies and in their future profession.
Lesson period: Third trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
Third trimester
Course syllabus
Learning module 1 - Object, function and methods of private international law rules;
Learning module 2 - Private international law in civil and commercial matters, with a focus on contractual obligations and torts: jurisdiction, applicable law, and recognition and enforcement of judgments;
Learning module 3 - Private international law issues related to the digitalization of commercial and financial transactions: jurisdiction and applicable law to e-commerce contracts, consumer contracts in the digital market, sharing economy, lending and investment-based Fintech platforms.
Learning module 2 - Private international law in civil and commercial matters, with a focus on contractual obligations and torts: jurisdiction, applicable law, and recognition and enforcement of judgments;
Learning module 3 - Private international law issues related to the digitalization of commercial and financial transactions: jurisdiction and applicable law to e-commerce contracts, consumer contracts in the digital market, sharing economy, lending and investment-based Fintech platforms.
Prerequisites for admission
In order to take the exam of Private international law as well as to participate to the written classroom tests students are required to have already passed the propaedeutic exams of International and EU law and of Introduction to Private Law
Teaching methods
Lectures supported by power point presentations and case studies, practical examples and discussions.
Students will also be encouraged to analyse a case study of their choice and carry out presentations on it.
Students will also be encouraged to analyse a case study of their choice and carry out presentations on it.
Teaching Resources
Mosconi, Campiglio "Diritto internazionale privato e processuale", vol. 1 "Parte generale e obbligazioni" (decima ed. 2022), Capitolo primo: tutto. Capitolo secondo: pp. 71 -146 (paragrafo 14 incluso); pp. 168-176 (paragrafo 20 incluso). Capitolo terzo: tutto. Capitolo quarto: tutto ad esclusione del paragrafo 15. Capitolo quinto: pp. 341-386 (paragrafo 12 incluso); pp. 393-411 (paragrafo 19 incluso). Capitolo sesto: tutto ad esclusione del paragrafo 15. Capitolo settimo: solo la sezione I, ad eccezione dei paragrafi 9, 11, 12, 13, 17.
In addition, optional readings on the digitalization of commercial and financial transactions will be progressively uploaded on the website of the course (Ariel platform).
In addition, optional readings on the digitalization of commercial and financial transactions will be progressively uploaded on the website of the course (Ariel platform).
Assessment methods and Criteria
Oral (6 scheduled dates during the academic year): students will usually be asked to answer three questions on three different topics that form part of the course programme. In order to pass the exam, students will be required to have, at least, a sufficient knowledge of such three topics. Students' communication skills and mastery of legal language will also be evaluated, together with their ability to link different legal issues, even resorting to the examples that are offered by the praxis.
IUS/13 - INTERNATIONAL LAW - University credits: 9
Lessons: 60 hours
Professors:
Favalli Silvia, Valkova Lenka
Professor(s)
Reception:
Every Monday at 14.30. Students can contact prof. Valkova by email and arrange a meeting.