CIVIL PROCEDURE

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.

The attendance of the course implies the prior and adequate knowledge of Civil law and Constitutional Law.

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.

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.

Recommended alternative texts: Auletta, Diritto giudiziario civile, Bologna, Zanichelli, 2023 (per lo studio delle Disposizioni generali: Balena, Istituzioni di diritto processuale civile, Bari, Cacucci, 2023, vol. I); Balena, Istituzioni di diritto processuale civile, Bari, Cacucci, 2023, voll. 1, 2, 3; Luiso, Diritto processuale civile, Milano, Giuffrè ed., 2023, voll. 1, 2, 3, 4, 5; Picardi, Manuale del processo civile, ultima edizione, Giuffrè ed., Milano, volume unico (in uscita autunno 2024); Ruffini (a cura di), Diritto processuale civile, Bologna, Il Mulino, 2023, I ed., voll. 1, 2, 3 (il vol. 3 sarà disponibile da settembre 2024; su piattaforma pandoracampus disponibile anche audiolibro e versione grafica accessibile). Sassani, Lineamenti di diritto processuale civile, Milano, Giuffrè ed., 2023, volume unico. An updated Code of Civil Procedure and Civil Code must be consulted. Before purchasing one of the above-mentioned manuals, you should check whether a new edition has been published in the meantime.

-Front teaching -Seminar -Cases Analysis

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.

The assignment of the final paper for the dissertation requires a competence of the institutional elements of Civil Procedural Law.