Rivista di diritto internazionale privato e processuale (RDIPP) No 2/2024: Abstracts

 The second concern of 2024 of the Rivista di diritto internazionale privato e processuale (RDIPP, printed by CEDAM) was simply launched. It options:

Sara Tonolo, Professor on the College of Padova, Il contributo degli studiosi italiani ai corsi de l’Aja di diritto internazionale privato (1973-2023) [The Contribution of Italian Scholars to The Hague Academy Courses on Private International Law (1973-2023); in Italian]

The Personal Worldwide Legislation Programs taught by Italian students inside the Hague Academy have undergone an fascinating evolution that deserves consideration on the event of the Academy’s Centennial Anniversary, particularly relating to the interval between 1973 and 2023. Alongside options commons to the programs of the preliminary interval, such because the strategy to the research of personal worldwide regulation, outlined by Pasquale Stanislao Mancini, and the comparative methodology, there are nevertheless distinctive and noteworthy options within the programs supplied between 1973 and 2023. Among the many subjects analysed within the Italian Programs in the course of the thought-about interval, the popularity of the substantive effectiveness of judgments by personal worldwide regulation guidelines is especially noteworthy each for its affect on the nationwide codification of personal worldwide regulation, and for its relevance in addressing coordination points arising from the communitarization of personal worldwide regulation. This subject is especially related in regards to the interrelation of personal worldwide regulation with different areas of worldwide regulation, resembling worldwide safety of human rights. Given the round relationship between worldwide safety of human rights and personal worldwide regulation, coordination must be established inside a debate that’s turning into more and more complicated amongst personal worldwide regulation students, thanks additionally to the position of Italian students inside the Hague Academy.

Giacomo Biagioni, Affiliate Professor on the College of Cagliari, Dichiarazione ONU sui diritti dei contadini e diritto internazionale privato dell’Unione europea [The UN Declaration on the Rights of Peasants and EU Private International Law; in Italian]

On 17 December 2018 the United Nations Common Meeting adopted by a majority the UN Declaration on the Rights of Peasants and Different Folks Working in Rural Areas, stressing the significance of agricultural manufacturing and recognizing particular person and collective rights granted to folks residing and dealing in rural areas. The paper goals at assessing the attainable influence of the ideas enshrined within the Declaration on the system of personal worldwide regulation sources, transferring from the overall assumption that UN declaration of ideas could contribute to the interpretation of home regulation. As peasants and different staff in rural areas can qualify, below the 2018 Declaration, as weaker events, the paper makes an attempt to make clear to what extent options enacted in EU personal worldwide regulation for different classes of weaker events (resembling workers or customers) with regard to conflict-of-laws and to jurisdictional competence in contractual issues could also be extendable to peasants. Nevertheless, the overall strategy of EU devices regarding judicial cooperation in civil issues doesn’t appear to be particularly open to receiving the cases of safety of the rights of classes of weaker events, which aren’t expressly talked about in these devices. Accordingly, because the regulation now stands, solely recourse to common clauses (fraude à la loi, public coverage, overriding obligatory guidelines) could result in give some consideration to the particular place of peasants and different staff in rural areas and to adapt personal worldwide regulation guidelines to the safety of their elementary rights.

This concern additionally includes the next feedback:

Anna Liebman, Analysis Fellow on the College of Milan, Il rinvio ai criteri della convenzione di Bruxelles del 1968 nel diritto internazionale privato italiano: orientamenti consolidati e questioni aperte [The Reference to the Jurisdiction Criteria of the 1968 Brussels Convention in Italian Private International Law: Established Orientations and Open Questions; in Italian]

The article examines just a few points arising in reference to the reference made by Artwork 3(2) of Legislation 31 Could 1995 No 218 to the factors laid down within the 1968 Brussels Conference. Within the article, it’s first noticed how, in current instances and particularly within the gentle of two current judgments of the Italian Supreme Courtroom, the standard orientation has utterly modified, and that students and jurisprudence agree in contemplating the reference made by this provision as a reference to the latest EU rules and to not the 1968 Conference. Second, the article emphasises want for a uniform interpretation of the factors nationalised by Artwork 3(2), as that is thought-about the one resolution that permits to not undermine the coherence of the system. Lastly, the  article takes into consideration the likelihood for Italian judges to submit a reference for a preliminary ruling to the Courtroom of Justice of the European Union in regards to the interpretation of the European self-discipline made relevant by Artwork 3 of Legislation No 218/1995, a chance that appears to search out consideration within the European case regulation.

Enrico Pedrotti, Juris Physician, Problemi di giurisdizione in tema di azione contrattuale di garanzia proposta in by way of autonoma [Questions of Jurisdiction in Contractual Warranty Actions Brought in Autonomous Proceedings; in Italian]

Counting on the Italian Courtroom of Cassation’s judgment No 613 of 8 January 2024, in response to which Italian courts do not need jurisdiction pursuant to Artwork 8(2) of Regulation (EU) No 1215/2012 when an motion on assure is introduced in autonomous proceedings, this text discusses the hyperlink between such provision and nationwide procedural guidelines on ensures, highlighting how the train of judicial discretion within the authorization of a third-party declare in accordance with Artwork 269 of the Italian Code of Civil Process bears important penalties on jurisdiction. Moreover, the Writer discusses the applicability of Artwork 7(1)(b) of Regulation No 1215/2012 on the idea of Artwork 3 of Legislation 31 Could 1995 No 218 reforming the Italian system of personal worldwide regulation, in case the place of efficiency is situated outdoors the EU, concluding within the unfavourable.

Lastly, the difficulty options the next e book evaluation by Francesca C. Villata, Professor on the College of Milan: Mihail DANOV, Personal Worldwide Legislation and Competitors Litigation in a World Context, Hart Publishing, Oxford, 2023, pp. XI-375.