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
No one
Teaching Methods
Lessons in which will be discussed the themes and jurisprudential materials mentioned in the texts of the program, in addition to those reported during the lectures.
Type of Assessment
The exam is oral. Attending students will be able to present, by agreement with the teacher, a report concerning the analysis of one of the themes (jurisprudential, doctrinal and legislative) relative to one of the themes of the program.
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.