CIVIL PROCEDURE
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.
Intended learning outcomes
Knowledge and understanding
The student will be provided with the necessary skills in the following areas: general principles of the proceedings; general principles of consensual justice; ordinary cognition proceedings and appeals; enforcement procedure; special and summary procedures.
These skills will be acquired through lectures, case law analysis, seminars and experiential learning.
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, seminar activities and learning by doing.
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.
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
Recommended alternative texts:
Auletta, Diritto giudiziario civile, Bologna, Zanichelli, 2026;
Balena, Istituzioni di diritto processuale civile, Bari, Cacucci, 2025, voll. 1, 2, 3;
Luiso, Diritto processuale civile, Milano, Giuffrè ed., 2025, voll. 1, 2, 3, 4, 5;
Picardi, Manuale del processo civile, Milano, Giuffrè ed., 2025, volume unico;
Ruffini (a cura di), Diritto processuale civile, Bologna, Il Mulino, I ed., voll. 1, 2, 3 - su piattaforma pandoracampus disponibile anche audiolibro e versione grafica accessibile).
Sassani, Lineamenti di diritto processuale civile, Milano, Giuffrè ed., 2025, volume unico.
An updated Code of Civil Procedure and Civil Code must be consulted. In particular reference is made to the Civil Procedure Code edited by E. D'Alessandro and R. Tiscini, ESI, 2025.
Teaching Methods
-Front teaching
-Seminar
-Cases Analysis
Assessment Method
Oral Examination
The examination consists of an oral interview during which students are required to demonstrate their knowledge and understanding of the institutions and principles of Civil Procedure, as well as their ability to apply them to practical cases submitted by the instructor. Students must be able to independently analyse the relevant legal sources and doctrinal and case-law approaches in civil procedural law and to use the appropriate technical legal terminology, thereby demonstrating that they have acquired the methodological skills and learning capacity necessary to pursue further independent study of the subject.
For the purposes of grading on a thirty-point scale, the following assessment criteria will be applied:
knowledge and understanding of the institutions and principles of the subject matter, and ability to apply them to concrete cases (60%); proper use of technical legal terminology (25%);
knowledge of, and ability to consult and critically assess, the relevant legal sources, as well as acquisition of an appropriate method of study (15%).
The presence of significant gaps in the student’s preparation with regard to one or more institutions or principles set out in one or more books of the Code of Civil Procedure shall result in an insufficient grade, even where a basic understanding of the subject matter is otherwise demonstrated.
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
Civil Judicial Protection. Article 24 of the Constitution. Alternative Dispute Resolution Mechanisms. Forms of Judicial Protection and Limits of Judicial Review
Article 111 of the Constitution and the Principles of the “Fair Trial”: Duty to Give Reasons for Judgments and the Constitutional Guarantee of Access to the Court of Cassation
Jurisdiction: Limits of Ordinary Jurisdiction; Perpetuatio Jurisdictionis; Raising and Examination of the Plea of Lack of Jurisdiction; Regulation of Jurisdiction and Translatio Judicii
Week 2
Venue and Subject-Matter Jurisdiction (Competence): Lack of Competence and Regulation of Competence.
Domestic and International Lis Pendens. Related Actions (Continenza)
Joinder and Connection of Actions. Qualified Connections: Preliminary Issues (Prejudiciality), Set-Off, Counterclaims
The Right of Action: Conditions for Bringing an Action and Procedural Requirements; Extraordinary Standing and Procedural Substitution; Legal Interest in Bringing Proceedings
Week 3
Powers, Duties and Liability of the Judge.
Mandatory Joinder of Parties. Permissive Joinder of Parties. Unitary Joinder of Parties
Voluntary Intervention. Intervention upon Motion of a Party and Intervention Ordered by the Court
Public Prosecutor – Parties – Legal Counsel. Costs of Proceedings. Aggravated Procedural Liability
Week 4
Procedural Acts. Electronic Justice (E-Justice). Procedural Time Limits. Nullity of Procedural Acts.
Procedural Succession (Articles 110–111 of the Code of Civil Procedure). Substitution and Removal of Parties
Statement of Claim: Substantive and Procedural Effects of the Judicial Claim; Claims Defined by Right (self-determined) and Claims Defined by Facts (fact-determined); Nullity of the Statement of Claim
Week 5
Service of the Statement of Claim. Statement of Defence. Defendant’s Defences. Appearance of the Parties. Late Appearance of the Parties. Preliminary Review by the Court and the New Regulation of the Introductory Phase. Exchange of Supplementary Written Submissions Prior to the Hearing
First Appearance Hearing: Attempt at Conciliation and Settlement Proposal by the Court. Conversion from Ordinary Proceedings to the Simplified Cognition Procedure. Interim Orders for Immediate Disposition of the Case
Anticipatory Interim Orders
Week 6
Taking of Evidence (General Framework): Admission and Taking of Evidence; Ex Officio Investigatory Powers; Facts in Issue; Burden of Proof; Classification of Means of Evidence; Evidentiary Inferences and Presumptions; Public Instruments and Proceedings for Falsehood (Action for Forgery); Private Documents
Taking of Evidence (Specific Means of Proof): Witness Evidence; Confession; Oath; Court-Appointed Expert Evidence; Orders for Production of Documents and Requests for Information from Public Authorities
The Regulation of the Decision-Making Phase: Decision-Making before the Collegiate Court and before the Single-Judge Court
Final and Non-Final Judgments.
Week 7
The Simplified Cognition Procedure
Provisional Enforceability of Judgments and Stay of Enforcement
Atypical Procedural Developments
Week 8
Appeals in General: Adverse Outcome (Standing to Appeal); Time Limits; Acquiescence; Service of the Appeal
Incidental Appeals; Internal and External Expansive Effects of Appeals
Appeals in Proceedings Involving Multiple Parties
Ordinary Appeal Proceedings
Week 9
Revocation Proceedings and Third-Party Opposition
Proceedings before the Court of Cassation and Remand Proceedings
Week 10
Special Proceedings:
Labour and Employment Litigation (Labour Proceedings)
Order for Payment Proceedings (Injunction Proceedings)
Week 11
Proceedings for the Validation of Notice to Quit and Eviction Proceedings. Summary Lease Proceedings
Interim Relief and Protective Measures. Types of Interim Measures: Seizure Orders
Urgent Interim Measures. Proceedings for the Taking of Evidence in Advance
The Unified Interim Relief Procedure
Possessory Remedies and Proceedings
Compulsory Civil Enforcement: Enforceable Titles and Notice to Pay. General Principles of Compulsory Expropriation. Legal Effects of Attachment
Attachment of Movable Property and Garnishment Proceedings. Attachment of Immovable Property, Attachment of Co-owned Assets, and Enforcement against Third-Party Owners
Week 12
Participation of Creditors in Enforcement Proceedings. Judicial Sale and Compulsory Transfer of Assets. Distribution of Proceeds and Related Disputes.
Specific Performance.
Opposition to Enforcement Proceedings
Stay and Extinction of Enforcement Proceedings
Collective Redress (Class Actions)
Conciliation, Mediation and Assisted Negotiation