Italy
Marchetti, F., Bariatti, S., Viarengo, I., Villata, F.C. and Bernasconi, S. 2016. Italy. in: Cross-Border Litigation in Europe Hart Publishing. pp. 169-196
Marchetti, F., Bariatti, S., Viarengo, I., Villata, F.C. and Bernasconi, S. 2016. Italy. in: Cross-Border Litigation in Europe Hart Publishing. pp. 169-196
Chapter title | Italy |
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Authors | Marchetti, F., Bariatti, S., Viarengo, I., Villata, F.C. and Bernasconi, S. |
Abstract | In Italy, private international law issues are governed by international and EU PIL rules and, residually, by Law No 218 of 31 May 1995 ‘Reform of the Italian Private International Law system’. Two provisions of this Law are worth mentioning. On the one hand, Article 3(2) on jurisdiction of Italian courts refers to Sections 2, 3 and 4 of the 1968 Brussels Convention as subsequently amended, thus unilaterally extending the Convention’s scope of application to cases where the defendant is not domiciled in a Member State. Second, Article 14 prescribes the ex officio assessment of the applicable law, thereby requiring courts to make recourse to foreign law (where applicable). |
Keywords | private international law |
conflict of laws | |
Book title | Cross-Border Litigation in Europe |
Page range | 169-196 |
Year | 2016 |
Publisher | Hart Publishing |
Publication dates | |
Published | 16 Nov 2017 |
Series | Studies in Private International Law |
ISBN | 9781782256762 |
Funder | European Commission |
Web address (URL) | https://www.bloomsbury.com/uk/crossborder-litigation-in-europe-9781782256762/ |