CIVIL PROCEDURE A - L

Knowledge and comprehension

The course aims to provide students with the knowledge of different forms of jurisdictional protection of rights, through the analysis of the leading institutes of civil proceedings, of instruments, namely designed to ensure that the substantive rules are implemented in the event of non-spontaneous cooperation among individual subjects.

The knowledge assimilated during the course will be tested through the analysis of cases law.

Skills in applying knowledge and comprehension

The course tends to stimulate students' critical abilities with regard to the most important problems of the current procedural-civil system, making them acquire, in addition the specific technical and legal language of the discipline.

Regarding practices, the course aims to let students recognize, in relation to different configured cases, the appropriate procedural instrument to protect, taking note of reconstructions of facts and identification and application of the rules of law under which subsume them, also considering their theoretical and jurisprudential interpretation.

lecture

debate in class about particular cases

Should teaching be carried out in mixed mode or remotely, it may be necessary to introduce changes with respect to previous statements, in line with the programme planned and outlined in the syllabus

A) Sources and principles of civil procedure.
B) Forms of jurisdictional protection (cognitive, executory, summary and provisional).
C) Requirements of lawsuit and practice of action.
D) The subjects of civil proceedings
E) Acts of proceeding.

F) The evidence.
G) Cognition process and appeals system.
H) Res judicata.
I) Regulation of precautionary proceedings in general.
L) The summary proceedings.
M) The judicial offices which deal civil jurisdictional function according to Art. 1 of Court system; ordinary and special judges; the specialized divisions.
N) The role of State's Attorney in civil proceedings.

O) The collaborators of judge.

P) The incidence of rules of internal organization of offices on the rituality of proceeding and the validity of judgment.
Q) The allocation of judicial offices on the territory of Republic and her modulated incidence on the regulation of civil proceedings (the territorial competence litteraly, the matter of allocation between head offices of Court and branch offices ex Art. 83 ter disp. disp. att. c.p.c.).

R) The mediation.

C. CONSOLO, Spiegazioni di diritto processuale civile, Voll. I e II, Giappichelli Editore, Torino, 2019.

Vol. I: from page 1 to 180; from page 207 to 225; from page 249 to 265; from page 357 to 512; from page 559 to 692.

Vol. II: from page 3 to 369; from page 411 to 657.

Had to be studied on the text on-line of the manual, the following parts: the introduction to the first volume (who has as title "Il diritto nel processo civile e la sua evoluzione"), including capp. 1, 2, 3, 4; and the giudice di pace’s proceeding ( cap. 12, vol. 2°).

Otherwise, alternately:

MANDRIOLI - CARRATTA, Diritto Processuale Civile, XXV ed., Voll. I, II, III e IV, Giappichelli editore, Torino, 2017:

Voll. I e II, entirely

Vol. III cap IX ;

Vol. IV, from page 275-324; and from page 399-412.

The study of footnotes without titles is at the student’s discretion. The student have to be study the footnotes with titles in the margin.

Total number of pages: 800, exclusive of footnotes.

Prova in itinere

C. CONSOLO, Spiegazioni di diritto processuale civile, Voll. I e II, Giappichelli Editore, Torino, 2019.

Vol. I: from page 1 to 180; from page 357 to 512; from page 559 to 692;

Vol. II: from page 3 to 161.

Otherwise, alternately:

MANDRIOLI - CARRATTA, Diritto Processuale Civile, XXVII ed., Vol. I, Giappichelli editore, Torino, 2019:

Voll. I, entirely

Total number of pages: 380, exclusive of footnotes.