Insegnamento a.a. 2017-2018

Classes: 31 (I sem.)

Instructors:
Class 31: KELLEN TRILHA SCHAPPO

Private international law is the subject studied in this course. Private international law covers three main areas: national court jurisdiction to decide cases with foreign elements; recognition and enforcement of national courts decisions from other national jurisdictions; conflict of law, the system to choose what law is to govern the resolution of international issues in dispute. Every Nation has its own conflict of laws, and so Italy. Since 1999, the private international law of the EU Member States is increasingly regulated by the European Union, making private international law ever less 'national' and ever more EU based. The course is mainly focused on the EU system. A seminar on the Italian system (compulsory only for Italian students) is held in Italian.

• The Concept, Nature and Development of Private International Law.
• Sources of Private International Law.
• The Impact of European Law on the Private International Law of the Member States.
• International jurisdiction.
• The European area of justice: the international jurisdiction.
• The European area of justice: recognition and enforcement of judgments.
• Conflicts rules.
• Interpretation and implementation of conflict rules.
• Individuals and corporate entities.
• International contracts and torts.
• Cross border insolvency.
• The Italian system.

General exam.
The exam is written.
Students are requested to answer in English four questions within the allocated space for each answer in 80 minutes. The well-known Bocconi rules on grades of exams are applicable (grades of at least 18/30 are passing grades; no retake exam is allowed).

Partial exams.
All students may split the final exam in two parts, each worth 50% of the final grade. Students who wish to avail themselves of this possibility have to sit a written mid-term exam in October and sit the remaining part of the exam at the partial exam session in January. Exchange students may also sit the remaining part of the exam in the December session.
Each written partial exam consists of two questions, to be answered in English within the allocated space for each answer in 40 minutes.

• G. VAN CALSTER, European Private International Law, Oxford, Hart Pub., latest edition.
  

Only for Italian students

• B. BAREL, S. ARMELLINI, Diritto internazionale privato (manuale breve), Milano, Giuffrè, ultima edizione, parte prima, capitoli I, II, III.