Anna IERMANO | INTERNATIONAL AND PROCEDURAL PRIVATE LAW
Anna IERMANO INTERNATIONAL AND PROCEDURAL PRIVATE LAW
cod. 0160100378
INTERNATIONAL AND PROCEDURAL PRIVATE LAW
0160100378 | |
DEPARTMENT OF LAW | |
EQF7 | |
LAW | |
2023/2024 |
YEAR OF DIDACTIC SYSTEM 2012 | |
SPRING SEMESTER |
SSD | CFU | HOURS | ACTIVITY | |
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IUS/13 | 8 | 72 | LESSONS |
Objectives | |
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COURSE AIMS AT ALLOWING STUDENTS TO ACQUIRE KNOWLEDGE AND BASIC UNDERSTANDING OF THE NORMATIVE AND PRACTICE CONCERNING THE INTERNATIONAL AND PROCEDURAL PRIVATE LAW |
Prerequisites | |
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IT IS REQUIRED AN ADEQUATE BASIC PREPARATION IN INTERNATIONAL LAW |
Contents | |
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THE TEACHING ACTIVITY DEALS WITH THE NORMATIVE AND THE PRACTICE CONCERNING THE INTERNATIONAL AND PROCEDURAL PRIVATE LAW. IT ANALYZES THE FOLLOWING TOPICS: 1) OBJECT, PURPOSE AND FEATURES OF PRIVATE AND PROCEDURAL INTERNATIONAL LAW; ORIGIN, EVOLUTION AND PURPOSE OF THE SUBJECT MATTER; LEGAL SOURCES AND UNIFICATION PURSUED AT INTERNATIONAL AND EUROPEAN LEVEL. 2) INTERNATIONAL PROCEDURAL LAW FUNDAMENTALS - SPECIFIC ATTENTION WILL BE DEVOTED TO LAW N. 218/95 AND REGULATION (EU) NO. 1215/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 12 DECEMBER 2012 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS (SO CALLED BRUSSELS I BIS): ALLOCATION OF JURISDICTION IN TRANSNATIONAL CASES: HEADS OF JURISDICTION AND CHOICE-OF-COURT AGREEMENTS; COORDINATION OF PROCEEDINGS PENDING BEFORE DIFFERENT NATIONAL COURTS: LIS ALIBI PENDENS; MECHANISM REGULATING THE CIRCULATION OF DECISIONS: REQUIREMENT FOR THE RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS. 3) "CHOICE OF LAW" PROBLEM AND COORDINATION METHODS: STRUCTURE AND FUNCTION OF CHOICE OF LAW PROVISIONS, CONNECTING FACTORS; CHARACTERIZATION AND PRELIMINARY QUESTIONS, RENVOI; ASCERTAINMENT AND INTERPRETATION OF FOREIGN LAW; PUBLIC POLICY AND OVERRIDING MANDATORY PROVISIONS. 4) OVERVIEW ON THE EU CHOICE OF LAW REGULATIONS: REGULATION (EC) NO. 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 17 JUNE 2008 ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS (ROME I) (SO CALLED ROME I); REGULATION (EC) NO. 864/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 11 JULY 2007 ON THE LAW APPLICABLE TO NON-CONTRACTUAL OBLIGATIONS (SO CALLED ROME II) |
Teaching Methods | |
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THE TEACHING ACTIVITY CONSISTS OF 72 HOURS LESSONS AND IS STRUCTURED IN THEORETICAL LESSONS ON GENERAL PROFILES OF THE MATTER AS WELL AS IN SEMINARS AND PRACTICAL LESSONS CONCERNING THE EXAMINATION OF JUDICIAL DECISIONS AND PRACTICAL CASES. AN INTERACTIVE METHOD WILL BE ADOPTED IN ORDER TO AROUSE THE INTEREST OF STUDENTS |
Verification of learning | |
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THE METHODS VERIFYING THE STUDENTS LEARNING CONSIST IN THE ASSESSMENT, CARRIED OUT DURING LESSONS, SEMINARS AND PRACTICAL LESSONS, OF THE GENERAL KNOWLEDGE OF THE MATTER. TO THIS END, THROUGH INTERACTIVE AND ASSIDUOUS DEBATES WITH STUDENTS, THEY ARE ESTABLISHED THE DEVELOPMENT AND IMPROVEMENT OF A SERIES OF KNOWLEDGE AND SKILLS: ABILITY TO HAVE AN HISTORICAL AND LEGAL OVERVIEW OF INTERNATIONAL AND PROCEDURAL PRIVATE LAW; ABILITY TO UNDERSTAND, INTERPRET AND APPLY THE MAIN PROFILES OF INTERNATIONAL AND PROCEDURAL PRIVATE LAW IN THE EXERCISE OF LEGAL PROFESSIONS AND OF ANY OTHER PROFESSIONAL ACTIVITY IN ITALY AND ABROAD; ABILITY TO CRITICALLY INTERPRET COMPLEX DATA AND INFORMATION AND COMPLEMENT THEIR KNOWLEDGE, IN ORDER TO CARRY OUT ASSESSMENTS AND CRITICAL CONSIDERATIONS ABOUT THE PROBLEMATIC ISSUES OF THE NORMATIVE AND THE PRACTICE CONCERNING INTERNATIONAL AND PROCEDURAL PRIVATE LAW; ABILITY TO APPLY, DEVELOP, DEEPEN, IN A CRITICAL AND AUTONOMOUS WAY, THE ACQUIRED SKILLS KNOWLEDGE AND UNDERSTANDING ACQUIRED; ABILITY TO COMMUNICATE THE NOTIONS ACQUIRED WITH A SELF-CONFIDENT SPEECH AND TERMINOLOGICAL ACCURACY. THE FINAL EXAMINATION CONSISTS OF AN ORAL EXAMINATION. THE QUALIFICATION (IDONEITÀ) WILL BE ATTRIBUTED TO THE STUDENT DEMONSTRATING AN ADEQUATE KNOWLEDGE OF THE CONTENTS OBJECT OF THE COURSE AND AN APPROPRIATE ABILITY TO ANALYZE THE LEGAL PROBLEMS CONCERNING THE COURSE ITSELF. |
Texts | |
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F. MOSCONI, C. CAMPIGLIO, DIRITTO INTERNAZIONALE PRIVATO E PROCESSUALE - VOL. I: PARTE GENERALE E OBBLIGAZIONI, UTET, TORINO, 2020, PAGES 1-411 |
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