Criticità e incertezze derivanti dall'applicazione del rinvio di qualificazione (Qualifikationsverweisung)

In the context of the scientific thinking on renvoi, and its various functions, a special role has been attributed in many legal systems to the Renvoi de qualification (Qualifikationsverweinsung) a century ago. The relevance of this mechanism, founded on the complete reconstruction of the content of foreign private international law, is now outlined by the Italian Supreme Court as an instrument of coordination in contemporary private international law. In the absence of rules concerning the qualification within the Italian Law no. 218/95, the original process of qualification by the court of the forum, referred as primary, and the secondary characterization then used after the forum has decided to apply the law of another jurisdiction, can lead to the Qualifikationsverweisung to the lex fori. However, this result opens up a wide debate regarding the limits of the operability of the mechanism in question, especially with regard to other general principles, such as the principle of unity of succession.