Prof. Giacomo Rojas Elgueta
Spring semester 2022/2023
The course “Critical Perspectives on Private Law” will focus on the field of Contract Law. In a traditional course of studies in law, students are mainly exposed to domestic contract law, taught in their own language. This course assumes that contract law is a transnational discipline that can be taught not only on the basis of domestic law but also on the basis of common (transnational) foundations (principles and methods). In exploring the common foundation of transnational contract law, the course will explain how, these days, contract law is the product not only of national and international regulations but also of “private lawmaking” (e.g., a process driven by the problem-solving approach of legal practitioners in large international law firms and international legal institutions).
Prof. Rojas Elgueta earned both his law degree (2001, summa cum laude) and his doctoral degree in Italian and European Civil Law (2005) from Roma Tre University.
In the academic year 2003/2004 and for the fall semester of 2006, Rojas Elgueta was a Visiting Scholar at Yale Law School. In the fall semester of 2005, he conducted research on insurance law at the Albert-Ludwigs-Universität of Freiburg. In 2008 he received an LLM with distinction from the University of Pennsylvania Law School, where in 2014 he also earned an SJD degree (Doctor of Juridical Science).
Research Activity and Memberships
Rojas Elgueta is an Associate Professor of Private Law at Roma Tre University, where he teaches Private Law and Economic Analysis of Law.
He also coordinates the “Certificate in International Commercial and Investment Arbitration, Theory and Practice”.
He is also licensed to hold the position of Full Professor of Comparative Law.In addition to several articles in Italian and international law reviews, Rojas Elgueta is the author of three books on “Regulation of Insurance Proceeds and Marital Property Law” (2007), “Contract Freedom and the Limitations on Debtor Liability” (2012) and “The Economic Foundation of Debtor-Creditor Relations” (2017).
In 2008, Rojas Elgueta was selected as an advisor to the University of Pennsylvania Journal of International Law, and in 2010 as a member of the editorial staff of the Comparative Law Review.
In 2012 he served as a member of the Drafting Committee (established by the Ministry of Justice) of the new Italian Consumer Bankruptcy Law.
In 2014 he has joined the Advisory Board of the Rivista di Diritto Sportivo. Rojas Elgueta is a member of the American Bar Association (ABA), the New York State Bar Association (NYSBA) and the International Bar Association (IBA) where he joined the Arbitration Committee.
In 2015 he has joined the Advisory Board of ArbIt (Italian Forum for Arbitration and ADR) of which he served as Co-Chair for the two-year period 2017-2018.
He is also a member of the Italian Association of Comparative Law (AIDC) and of the Italian Society of Law and Economics (SIDE). Bar Admissions Admitted to the Italian Bar, Rome, 2004.
Admitted to the New York State Bar, 2010. Languages Rojas Elgueta is a native Italian speaker and is fluent in English and Spanish.