Corsi di Studio del Dipartimento di Giurisprudenza

The course is designed for students with interests in civil and commercial law in a transnational  context and covers all major aspects of the conduct of cross-border cases in national courts.

Students will be introduced to the most important issues involved in the resolution of a transnational dispute outside and within the European Judicial Area.

 

At the end of the course, students will be able to identify, investigate and resolve conflict-of law-issues arising in transnational commercial disputes; analyze, compare and evaluate the legal rules that a court in Europe will apply to address those issues. In particular, students  must demonstrate their skills in solving civil cases concerning Transnational and European civil  procedure.

 

The class will meet  in presence with live streaming.Timetable will be communicated via Moodle. Students are kindly requested to entroll themselves on Moodle.

The approach of teaching will be aimed at stimulating the active participation of students. In particular, students will be encouraged to engage in analysis and solution of practical/cases and to deliver presentations of crucial cases. Students will experience some of the most important steps in cross-border disputes by putting themselves in the shoes of a counsel of one of the parties involved in a transnational litigation.

Alternatively, students not able to join classes in presence shall opt for attending the course in self-learning modality. Self-learning material, such as case studies drafted for self-learning, recorded video lectures and self-assessing tests  will be available via Moodle.

The grade for the class will be calculated as follows:

A) Students attending classes in person or virtually

− Class participation: 50%;

−  Written examination in person* (a case-study to solve. Time allowed: 30 min): 50 %;

* virtual mode allowed for medical reasons or for students living abroad.

B) Students attending the course in self-learning modality

- Written examination - in person or virtual mode* - (5 multiple choice questions - modelled on the self-assessing tests- plus a short case-study to solve. Time allowed: 35 min.): 100 %

* virtual mode allowed for medical reasons or for students living abroad.

 WHEN REGISTERING ONLINE FOR THE EXAM, STUDENTS ARE REQUIRED TO SPECIFY (fill in the "note") WHETHER THEY WILL GIVE THE EXAM "IN PERSON" OR "VIRTUALLY".

 

Self-learning material and self-assessment tests  for students attending virtual classes will be available via Moodle

 

• Advantages and disadvantages of court litigation;
• Jurisdiction of EU national courts (in cross-border cases) including choice of court agreements;
• Forum shopping;
• Service of process abroad;
• Impact of third-party financing on transnational litigation;
• Obtaining evidence abroad (outside and within the EU);
• Actual or potential relationship with other legal proceedings in the same or similar claim (e. g. forum non conveniens, anti-suit injunctions, lis alibi pendens);
• Transnational provisional relief;
• Recognition and enforcement of foreign countries judgments.

The access to all learning materials takes place via Moodle.