CIVIL PROCEDURE LAW
Instructional goals
The course aims at giving introductory notions on civil procedure in Italy, including the general provisions contained in Book 1 of the CPC; as well as introductory/general notions on both the first instance proceedings and review proceedings (Book 2).
Intended learning outcomes
The students will learn about the fundamentals of Italian civil justice, in a
theoretical perspective, but also gaining knowledge on how Italian civil
litigation works, in practice.
Course Contents
The course will address the historical and ideological foundations of
procedural scholarship and legislation in Italy, until the current
tendencies and trends, resulting in new principles regulating the
machinery of justice, as exposed to supranational and economic
instances. The course will deal with the basic features, conceptions and
different models of civil proceedings, at their different stages.
Reference Books
Reference texts will consist of reading materials indicated and/or
circulated prior to or after each lesson, texts of national and
supranational case law, excerpts from a selected bibliography. Illustrative
examples of references are: M. Lupoi, Civil Procedure in Italy, 2018; M. De Cristofaro- N. Trocker (eds), Civil
Justice in Italy, 2010; A. De Luca-A. Simoni, Fundamentals of Italian Law,
2014; M. Cappelletti-J. Perillo, Civil procedure in Italy, 1965.
Teaching Methods
The course will combine frontal lessons and seminars with active
participation and teamwork by students.
Assessment Method
The final examination will consist of an overall assessment of each
student performance throughout the entire duration of the course. Oral
colloquium.
Thesis assignment criteria
Interest in the subject; performance.
Week 1
1. Introduction: foundations of modern Italian civil procedure. The Italian
procedural scholarship.
2. Short history of Italian civil procedure.
Materials provided for by the instructor.
Week 2
3. From ancient and to “new” principles of Italian civil procedure.
4. The Italian legal system. The machinery of justice. Legal professions.
Legal aid and pro-se litigant.
Materials provided for by the instructor.
Week 3
5. The dual system of protection (rights vs. legitimate interests).
“Ordinary” versus special procedural models. History and recent
tendencies.
6. Trans-substantive procedures and “paternalistic” procedures. Doublesided
relations between civil procedure and substantive law.
Materials provided for by the instructor.
Week 4
7. Methods of alternative dispute resolution (general principles).
8. Subject (actors) of the civil process. The judge. The parties. Other
officers.
Materials provided for by the instructor.
Week 5
9. Jurisdiction, venue. Standing.
10. Types of judicial protection. Res judicata; execution (general provisions); provisional
remedies.
Materials provided for by the instructor.
Week 6
11. The ordinary model of civil proceeding (rito ordinario di cognizione).
Main features and structure. Description of a civil process from start to
end.
12. The claim.
Materials provided for by the instructor.
Week 7
13. The response.
14. The hearing and its substitutes.
Materials provided for by the instructor.
Week 8
15. Italian law of evidence. Ascertaining the facts of the case.
16. The judgment.
Materials provided for by the instructor.
Week 9
17. Dispositive motions. Summary proceedings/judgments. The simplified
model of civil proceeding (rito semplificato di cognizione).
18. Provisional remedies (general provisions).
Materials provided for by the instructor.
Week 10
19. Joinder of third parties. Aggregate litigation and class action (general provisions).
20. Challenges to judgments; general principles and overview.
Materials provided for by the instructor.
Week 11
21. Challenges: appeals.
22. Access to the Supreme Court (Corte di Cassazione).
Materials provided for by the instructor.
Week 12
23. Other challenges to judicial decisions. Revocation, opening of a new
trial, third party opposition, etc.
24. Course’s conclusions. Tendencies of the Italian procedural system
into a global perspective.
Materials provided for by the instructor.