The course aims to illustrate the content of civil enforcement proceedings according to the discipline of Book VI of the Civil Code and Book III of the Code of Civil Procedure. In particular, the institutes of the enforcement order, the «precetto», the seizure of goods in its various forms, the intervention of creditors, the forced sale and assignment, the distribution of the proceeds, the enforcement procedure for delivery or release of goods and the enforcement procedure for duties and obligations will be examined. The system of enforcement remedies «le opposizioni». The stay and the termination-extinction of the enforcement proceedings.

1) Knowledge and understanding The student will be provided with the necessary skills on general principles of the enforcement order, the «precetto», the seizure of goods in its various forms, the intervention of creditors, the forced sale and assignment, the distribution of the proceeds, the enforcement procedure for delivery or release of goods and the enforcement procedure for duties and obligations. The system of enforcement remedies «le opposizioni». The stay and the termination-extinction of the enforcement proceedings. 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 final oral exam. 2) Applying Knowledge and Understanding The student will be able to understand the role of judge and lawyer in Italy and in Europe, in the enforcement procedures’ matters. The knowledge will be acquired as stated sub 1). 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 will give the possibility of creating an 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, and through a comparative approach. The skills will be verified as stated sub 1). 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 Enforcement 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. The communication skills acquired will allow the student to successfully use the technological and telematic tools in carrying out professional activities related to Enforcement procedure. Communication skills are acquired through the reading of normative texts and as stated sub 1). The skills will be verified as stated sub 1). 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 Enforcement 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 and verified as stated sub 1).

The study course aims to deepen the issues of civil enforcement protection as a natural completion of the protection of rights. It aims to grasp the close connection between substantive law and enforcement proceedings, without neglecting the importance that the matter has in the praxis and for professional purposes.

Textbook: B. Capponi, Diritto dell’esecuzione civile, Torino, 2023. For those willing to study in deep some issues, it is recommended the reading of B. Capponi, Questioni attuali sull’esecuzione civile, Napoli, 2017. It is essential to read an update edition of the Code of Civil procedure and of the Civil Code.

-Front teaching -Expert speech -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 Enforcement 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 Enforcement 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 of Enforcement Law will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.

Upon agreement with the student, the paper for the final dissertation is assigned considering the student’s curriculum and the interest shown during the lessons.