Rivista di diritto internazionale privato e processuale (RDIPP): Issue 2 of 2026

The second issue of 2026 of the Rivista di diritto internazionale privato e processuale (RDIPP) is out.

In addition to recent case law and other materials, it features three contributions.

Cristina Campiglio, Il volto «umano» del diritto internazionale privato: la disciplina dell’autodeterminazione di genere (The “Human” Face of Private International Law: The Regulation of Gender Self-Determination)

The «human» face of private international law emerged in 2007 with the landmark ECtHR ruling in Wagner v. Luxembourg, which concerned the failure to recognise a foreign adoption order because it violated the (national) public order limit. The Court, in turn, invoked the (international) counter-limit of Article 8 ECHR. Since 2018, the Court of Justice has also begun to invoke the (EU) counter-limit of the provisions of the EU Charter of Fundamental Rights, ensuring the continuity of statuses validly acquired abroad. Meanwhile, some national legislators have taken responsibility for protecting fundamental rights, adopting rules of private international law that are «functional» to their exercise. The legislation enacted in some European countries to guarantee the right to gender self-determination is exemplary.

Curzio Fossati, I primi dieci anni di applicazione del regolamento (UE) n. 650/2012 sulle successioni transfrontaliere nella giurisprudenza italiana (The First Ten Years of Application of Regulation (EU) No 650/2012 on Cross-Border Successions in Italian Case Law)

This paper analyses Italian case law on the EU Regulation 650/2012 on cross-border successions, during the first decade of its application, examining the main issues and critical aspects addressed. A large number of rulings, primarily from first-instance courts, are explored by illustrating the cases dealt with, the rules applied, and the solutions adopted. This enables the author to offer general insights into the key innovations introduced by the regulation compared to the previous Italian private international law framework, such as the head of jurisdiction and connecting factor of the deceased’s habitual residence, and the European certificate of succession.

Silvia Solidoro, Cross-Border Group Insolvency under the EU and UNCITRAL Frameworks: Navigating the Tension Between Entity-Based and Enterprise-Wide Approaches

Multinational corporate groups pose unique challenges for insolvency frameworks, which are traditionally designed to operate on an entity-by-entity basis. In particular, both at the regional and international levels, there exist instruments that have introduced specific provisions in this regard, such as the Recast Insolvency Regulation (EU) 2015/848 and the 2019 UNCITRAL Model Law on Enterprise Group Insolvency. Against this backdrop, the article begins by outlining the conceptual foundations of cross-border insolvency law. It thus pays particular attention to the reliance on separate Centres of Main Interests (COMIs) for individual group members in modern frameworks, examining how this model embodies the traditional entity-by-entity approach in relation to multinational corporate groups. Subsequently, the article explores the potential of COMIs grouping as a mechanism to advance a more centralized, enterprise-wide approach, aimed at maximizing the value of the economic operations carried out by the group from an integrated perspective, especially in instances where restructuring is desirable. Building on this, it critically scrutinizes the formal coordination mechanisms embedded in the EU and UNCITRAL frameworks as a middle-ground solution to facilitate procedural alignment, investigating their design, scope, and limitations in managing cross-border group insolvency. Furthermore, the analysis considers whether cooperation may be considered as an alternative, albeit one with limited scope and practical reach. Finally, the article assesses the effectiveness of existing frameworks in navigating the complexities of group insolvency in a cross-border context, while also highlighting potential avenues for further development.