The objective of the corse is to analyze and to take a closer look at the issues arising out of cases having an international element, with a special focus, on one hand, on the scope and functioning of the private international law rules and, on the other hand, on the national, european and international sources that shape the italian private international and procedural law.
The course will cover the relevant legal sources, provide the students with the basic elements to be able to grasp problems arising out of cases having an international element and understand how the private international law rules need to be applied. In this regard particolar attention will be devoted to the concepts of characterization, renvoi, ovveriding mandatory rules, pubblic policy and to the application and interpretation of foreign laws. The various connecting factors and grounds of jurisdiction will also be the subject of a thorough analysis. When dealing with the aforementioned matters, the so called communitarization of private international law will be also taken into account.
A part of this course will be specially devoted to the analysis of the Brussels I (Recast) Regulation and to the european conflict of law rules applicable to contractual and non-contractual obligations.
Oral.
PROGRAMMA E TESTI CONSIGLIATI
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