Course teached as: 0055017 - DIRITTO ANGLO-AMERICANO 5-years Single Cycle Degree in LAW
Teaching Language
Italian
Course Content
The central topic of the course is the study of jurisdicion towards the foreigner in the
common law countries (UK and USA), in comparison with the jurisdiction rules of
the civil law and the EU countries, in civil and commercial matters. Depending on
these subjects are also examined the general lines of the reference systems and
the respective procedural systems. Lessons proceed-will (also) through the analysis
of jurisprudence.
The texts are: a) for the Anglo-American side, the handouts in Italian also including
some materials in English, titled The Common Law approach to jurisdiction in
transnational litigation. Cases and materials, by N. Trocker, C. Silvestri, G. Pailli,
which can be downloaded from the Moodle platform; b) for the EU part relating in
particular to the jurisdiction in contractual matters, the pages 19-128 of the text of C.
Silvestri entitled La tutela del credito contrattuale nell’Unione Europea. Dalla
domanda al riconoscimento ed esecuzione del provvedimento giudiziale.
Learning Objectives
The course develops a critical and problematic approach to the issues concerning
the identification of the competent court and to identify the principles, reasons and
policies conducting legislative and jurisprudential choices. The comparative profile
is developed with particular reference to the judgments analyzed in the texts of the
program or, for students attending classes, lectures proposals.
Prerequisites
Some materials are in English and, therefore, it's necessary to be able to read them.
Teaching Methods
Teaching takes place in the form of lectures, seminars, conferences, Special attention is given to case law.
The materials examined during the lessons will be available through the Moodle Platform in free access.
Type of Assessment
Attending students may chose with the teacher a theme of those covered by the course on which to perform a written report.
For the non attending students, the exam will be oral with two or three questions depending on the accuracy and exhaustivity of the answers; the questions will focus on one of the topics covered by the "Reference texts".
Course program
The course consists of an introductory part intended to illustrate the issue of
jurisdiction, the principles and the general aspects of the considered systems. The
overview includes the explication of the main characteristics.
of the respective systems (for example, the Federal judicial organization in the US
and the influence of constitutionalism clauses) and the analysis of the respective
trials. The core of the course is the study of the jurisdiction towards the foreigner, in
England and in the US, with the examination of specific institutions, like the doctrine
of forum non conveniens and of the most important jurisprudential cases. The
analysis is performed in a comparative perspective with the civil law systems,
which have developed different concepts and methods from those British and
Americanism, with particular attention to the EU's jurisdiction system in the civil and
commercial matters. The latter is examined with particular attention to contractual
disputes or claims for compensation, and the problems arising from the interaction
of the English system with the EU, as happened with the anti-suit injuctions. The
described aspects are also addressed through the examination of the judgments
contained in the reference texts and, for the attended students, proposed in the
classroom.