Instructional goals
The study course aims to complete the student's training in the Civil Procedural Law matters, with a view to his / her insertion in the professional field, taking into account the centrality of the subject itself in many of the job opportunities offered by the degree course.
Prerequisites
1) Knowledge and understanding
The student will be provided with the necessary skills on general principles of the proceedings, ordinary cognition proceedings and appeals; enforcement procedure; special and summary procedures; means for alternative dispute resolution, with particular attention to mediation, arbitration and assisted negotiation.
The knowledge will be acquired through frontal teaching, analysis of case-law, testimonials, seminar activities.
The knowledge will be verified through the frequency of seminar activities and the oral exam to be held at the end of the course.
2) Applying Knowledge and Understanding
The student will be able to understand the role of judge and lawyer in Italy and in Europe. In this way, the interdisciplinary knowdledge necessary for students who are interested in working professionally in the fields of the classic forensic professions (Lawyers, Judges, Notaries) and consultancy activities in the private sector may be acquired.
The knowledge will be acquired through frontal teaching, analysis of case-law, testimonials, seminar activities.
The skills will be verified through the analysis of practical cases and the oral exam to be held at the end of the course.
Furthermore, the presence of multimedia content available on the platforms (videos, slides, tutorials, forums, etc.) will give the possibility of creating a permanent interaction between the students and the Professor.
3) Making judgements
The student, with the help of the advice given by the Professor and his collaborators during the lessons, will be able to analyze the normative sources and the relevant guidelines in doctrine and case-law, and to independently evaluate these guidelines, making his/her own critical judgment. He/She will also be able to apply the rules studied to specific cases, identifying the legal issues underlying the practical cases analyzed.
The skills are achieved through the collection and processing of all information on regulatory innovations, case-law and Scholar’s trends, as well as through a comparative approach.
The skills will be verified during the seminar activities, in the interaction with the Professor and through the oral exam to be held at the end of the course.
4) Communication Skills
At the end of the course, the student will be able to command, with adequate terminological precision, the technical-legal lexicon proper to Civil Procedural Law. By participating in the various course activities – lessons with classroom discussions, oral exams, seminar activities – the student will learn to practice the communication skills acquired in different contexts, adapting the lexicon to the reference interlocutor, thus acquiring additional skills rhetoric and argumentative, needed for the professional career.
Communication skills are acquired through the reading of normative texts, the attendance of seminar activities and the analysis of case-law.
The skills will be verified during the seminar activities, in the interaction with the Professor and through the oral exam to be held at the end of the course.
5) Learning skills
The technical-legal knowledge acquired during the study course will allow the student to understand and interpret autonomously the regulatory, doctrinal and case-law innovation related to Civil Procedural Law. The student will develop a solid knowledge of the fundamental aspects of the subject that will allow him to continue studying the issues dealt with independently, and to undertake the various post-graduate professional training studies.
These skills are acquired mainly through the attendance of seminar activities and the preparation of the oral exam.
Intended learning outcomes
The attendance of the course implies the prior and adequate knowledge of Civil law and Constitutional Law.
Course Contents
The course will focus on the civil procedure subject and in particular on these topics: general principles, ordinary process of cognition, appeals, enforcement (general rules and fundamental principles), special proceedings (except the chambers proceedings and the process for the fair repair of damage for the unreasonable length of the proceeding); mediation and assisted negotiation.
Reference Books
Alternative handbooks:
- F. Auletta, Diritto giudiziario civile, Zanichelli, Bologna, ultima edizione.
- Balena, Istituzioni di diritto processuale civile, Cacucci, Bari;
- Biavati, Argomenti di diritto processuale civile, ultima edizione, Bonomia University Press, Bologna.
- Luiso, Diritto processuale civile, Giuffrè ed. Milano;
- Ruffini, Diritto processuale civile, ed. Il Mulino
- Sassani, Lineamenti di diritto processuale civile, ed. Giuffrè;
For all the textbooks, the latest current edition is required. It is essential to read un update edition of the Code of Civil procedure and of the Civil Code.
For the attending students who wish to explore the issue of the judgment of equity, it is also recommend the reading of the following book: Martino, Il giudice e l’equità, Cacucci, Bari, 2017.
Teaching Methods
-Front teaching
-Seminars
-Cases’ Analysis
Assessment Method
ORAL EXAM
During the oral exam the student will be required to show that he/she knows and understands notions and principles of Procedural Civil Law and that he/she is able to apply them. The student is expected to be able to independently analyze sources and relevant theories of Procedural Civil Law and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter.
The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - knowledge and understanding of the notions and principles of the matter and ability to apply them to concrete cases (60%); - appropriate use of the technical legal vocabulary (25%); - ability to analyze and evaluate relevant sources and acquisition of the study method (15%).
Learning gaps concerning one or more notions or principles contained in one of more books of the Code of Civil Procedure will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.
Thesis assignment criteria
The assignment of the final paper for the dissertation requires a competence of the institutional elements of Civil Procedural Law.
Week 1
Section I on campus:
Topic 1. Judicial protection and constitutional principles
Topic 1.1. Articles 3 and 24 of the Italian Constitution. Art. 111 Cost. and the principles of the so-called «fair trial».
Topic 2. The obligation of motivation of judgments and the constitutional guarantee of the appeal in Cassation.
Topic 3. The jurisdiction
Topic 3.1. The limits of the ordinary jurisdiction.
Topic 3.2. The external and internal limits of the jurisdiction
Topic 3.3. Perpetuatio iurisdictionis
Section II – online
Topic 3.4. The issue of lack of jurisdiction
Topic 3.5. The jurisdiction regulation
Topic 3.6. Translatio judicii among jurisdictions.
Week 2
Section I – on campus
Topic 4. Competence, abstention and recusal.
Topic 4.1. The criteria of competence. The ratione loci and ratione materiae competence.
Topic 4.2. Territorial competence
and the derogation of the rules of competence.
Topic 4.3. The relief of the issue and the form of the decision.
Topic 4.4. The competence regulation and the resumption of the proceedings.
Section II – online
Topic 4.5. The competence changes due to connection reasons.
Topic 4.6. Abstention and recusal
Topic. 4.7 Lis pendens, continence and connection.
Week 3
Section I – on campus
5. The parties, their defenders and the public prosecutor.
Topic 5.1. Procedural capacity and representation.
Topic 5.2. The legitimacy to act and the interest in acting.
Topic 6. The judicial request, its effects and the defendant's pleadings
Topic 6.1. The judicial request.
Topic 6.2. The forms of the judicial request.
Topic 6.3. The effects of the judicial request.
Topic 6.4. The defendants' pleadings.
Section II – online
Topic 5.3. Technical representation.
Topic 5.4. The costs regime.
Topic 5.5. The aggravated liability.
Topic 5.6. The public prosecutor
Week 4
Section I – on campus
Topic 7. The plurality of parties.
Topic 7.1. The parties’ accumulation.
Topic 7.2. The optional “litisconsorzio”.
Topic 7.3. The necessary and the unitary “litisconsorzio”
Section II – online
Topic 7.4. Voluntary intervention.
Topic 7.5. The forced intervention on the request of the party.
Topic 7.6. The forced intervention by order of the judge..
Topic 7.7. The ouster of a party.
Topic 7.8. The loss of a part and the succession in the disputed right.
Week 5
Section I – on campus
Topic 8. Procedural acts and terms
Topic 8.1. The acts of the judge
Topic 8.2. The judgments on the merit of the case.
Topic 8.3. The terms.
Topic 8.4. Acts and the Principle of conciseness and clarity.
Topic 8.5 The invalidity of acts.
Section II – online
Topic 9. Communications and notifications.
Topic 9.1. The notification by delivery by hand and at the residence or address of the recipient.
Topic 9.2. Replacement procedures in case of unavailability, refusal to receive the copy, or in case of unknown residence or address.
Topic 9.3. Notifications at the domicile, to state organs and to legal entities.
Topic 9.4. Notifications outside the Italian territory.
Topic 9.5. Notification by post, e-mail, and notification powers for lawyers.
Topic 9.6. The invalidity of the notification.
Week 6
Section I – on campus
Topic 10. The introduction of the case and the judge.
Topic 10.1. The elements of the writ of summons.
Topic 10.2. Causes of invalidity of the writ of summons.
Topic 10.3. The notification of the writ of summons, the registration of the case and the constitution of the plaintiff.
Topic 10.4. The defendant’s pleadings.
Topic 10.5. The absence and the default in the proceedings.
Topic 10.6. The designation of the judge and the changes of the date of the first hearing.
Topic 10.7. The instructor judge.
Section II – online
Topic 11. The discussion of the case and the first hearing.
Topic 11.1. The integrative written pleadings before the first hearing.
Topic 11.2. The first hearing. General considerations.
Topic 11.3. Preliminary checks on the regularity of the contradictory.
Topic 11.4. Free interrogation and attempt at reconciliation.
Topic 11.5. The admission of requests of evidence.
Topic 11.6. Foreclosures and their overcoming.
Topic 11.7. The proceeding’s calendar.
Topic 11.8 The provisional ordinances.
Week 7
Secion I – on campus
Topic 12. The Evidence
Topic 12.1. The admission and assumption of the means of proof.
Topic 12.2. Unofficial instructor powers.
Topic 12.3. The facts to be proved.
Topic 12.4. The rule on burden of proof.
Topic 12.5. Distinctions between the various means of proof. Trial topics, presumptions.
Section II – online
Topic 12.6. The documentary proof. The public deed and the false lawsuit.
Topic 12.7. Private writing and its verification.
Topic 12.8. The witness.
Topic 12.9. Confession.
Topic 12.10. The oath.
Topic 10.11. The technical advice, the exhibition and the request of information to the Public Administration organs.
Week 8
Section I – on campus
Topic 13. The decision phase
Topic 13.1. The decision making process.
Topic 13.2. The clarification of the conclusions.
Topic 13.3. The issue of the sentence.
Topic 13.4 The decision before the collegial court.
Topic 13.5. The decision before the monocratic court.
Topic 14. The Collegiate court acts.
Topic 14.1. Relationship between the monocratic and collegiate court.
Topic 14.2. The provisions of the college. The ordinances
Topic 14.3. Definitive, non-definitive, partial and partially definitive judgments.
Topic 14.4. The sentence of generic condemnation.
Topic 13.5. The reservation of appeal and appeal in cassation.
Topic 13.6. The provisional enforceability of the first degree sentence and the injunction.
Topic 13.7. Correction of the material errors of the sentence
Section II - online
Topic 15. Anomalous events in the proceedings.
Topic 15.1. The stay of the proceedings.
Topic 15.2. The interruption.
Topic 15.3. The extinction.
Week 9
Section I – on campus
Topic 16. The remedies against the sentences.
Topic 16.1. The res iudicata.
Topic 16.2. Formal res iudicata.
Topic 16.3. The substantial res iudicata.
Topic 16.4. The loss and the terms to appeal.
Topic 16.5. The acquiescence.
Topic 16.6. Notification of the appeal
Section II – online
Topic 16.7. The plurality of parties in the appeals proceedings.
Topic 16.8. The incidental appeals.
Topic 16.9. The late incidental appeals.
Topic 16.10. The reunion of separate appeals.
Topic 16.11. The internal and external expansive effect.
Topic 16.12. appeals in the strict sense and the "gravami”.
Week 10
Section I – on campus
Topic 17. The appeal
Topic 17.1. Appealable judgments and the judge of appeal.
Topic 1.2. The nature of the appeal judgment. Devolution and substitution effect
Topic 17.3. Form of the main and the incidental appeal. The constitution of the appellant and of the appeal.
Topic 17.4. The revival of questions and issues not granted.
Topic 17.5. The intervention on appeal.
Topic 17.6. The ban of applications, exceptions and new evidence
Topic 17.7. The discussion and the decision.
Topic 17.8. The remission of the case to the first judge.
Topic 17.9. Extinction of the appeal judgment
Section II – online
Topic 18. The revocation and the opposition of a third party.
Topic 18.1. The grounds of revocation.
Topic 18.2. The revocable provisions and the terms to appeal.
Topic 18.3. The revocation of the public prosecutor.
Topic 18.4. The opposition of the third
Topic 18.5. Ordinary third-party opposition.
Topic 18.6. Revocation-opposition brought by the third party.
Week 11
Section I – on campus
Topic 19 The judgment before the Court of cassation
Topic 19.1. The nature of the cassation judgment.
Topic 19.2. The judgments can be reclaimed by cassation.
Topic 19.3. The grounds of appeal in cassation.
Topic 19.4. Inadmissibility of the appeal pursuant to art. 360-bis c.p.c.
Topic 19.5. The enunciation of the principle of law in the interest of the law and the preliminary decision of the Supreme Court.
Topic 19.6. Appeal, counter-appeal and incidental appeal.
Topic 19.7. The stay of execution of the judgment.
Topic 19.8. Proceedings in council chamber and in public hearing.
Topic 19.9. The outcome of the trial. Cassation with and without remittal.
Topic 19.10. The remedies against the cassation judgment.
Topic 19.11. The remittal judgment
Section II – online
Topic 20. Differentiate proceedings, mediation, assisted negotiation and arbitration.
Topic 20.1. Special procedure with full cognition
Topic 20.2. The trial before the judge of the peace.
Topic 20.3. The labor proceedings.
Topic 20.4. Disputes concerning welfare and mandatory assistance.
Topic 20.5: Mediation and assisted negotiation, and general rules of arbitration.
Week 12
Section I – on campus
Topic 21. The special summary proceedings.
Topic 21.1. Assumptions and procedural profiles of precautionary protection.
Topic 21.2. The uniform precautionary procedure.
Topic 21.3. The provisional measures
Topic 21.4. The proceedings for the protection of possession.
Topic 21.5. The injunction procedure. The first stage.
Topic 21.6. Opposition to the injunction.
Topic 21.7. The process for validating a license or eviction.
Topic 21.8. Common rules for the chamber proceedings.
Secion II - online
Topic 22 The enforcement procedure
Topic 22.1. Enforcement protection and its various forms.
Topic 22.2. The enforcement order.
Topic 22.3. The delivery in the enforcement form and the subjective effectiveness of the title.
Topic 22.4. Fundamental principles of the enforcement in general and each specific form (expropriation of securities, directed to the debtor and to a third parties, real estate enforcement).
Topic 22.5. The oppositions in the enforcement procedure