ENFORCEMENT LAW IN CIVIL MATTERS

Knowledge and understanding
The course aims at searching the compulsory execution law, essential legal instrument for the effective satisfaction of the credit rights. The matter is fundamental for the provision to the legal professions. The knowledge of civil procedural law notions is necessary for studying the matter.
The difference between enforcement and cognitive civil proceedings will be one of the course’ subjects.
Capability to apply knowledge and understanding
The course shoots for the information about the main use of the executive legal protection.
The students will be able to identify the legal instruments of compulsory execution in relation to the various kinds of entitlements to credit.
The analysis of legal cases will support the knowledge and understanding of the matter.

Classroom-taught lectures. Some lectures are made through the power point technique.

Practice exercise for writing a foreclosure and correction in the classroom.

The legal cases and judgments analysis is used to support the knowledge and understanding of the subject matter.

During the course are examined domestic and European laws.

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.

During the course the students meet subject matter experts. At the end of the course, the teacher organizes a visit to the civil court to check the concepts learned knowledge, witnessing some practical cases, should the conditions permit it.

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.

• Main notions in the field of the enforcement proceedings
• All kinds of enforcement proceedings
• The preliminary acts of enforcement proceedings
• The compulsory expropriation
• All kinds of foreclosure
• Intervention of creditors into the compulsory expropriation
• The forced sale
• The assignment of goods after the foreclosure
• The sums’ distribution and the related controversies
• The compulsory purchase of undivided goods
• The compulsory purchase against the legal owner
• The enforcement proceedings for the delivery of the personal and real property
• The enforcement proceedings for the obligations
• The opposition proceedings
• Suspension and extinction of enforcement proceedings

C. MANDRIOLI - A. CARRATTA, Diritto processuale civile, vol. IV, XXVII ed., Giappichelli, Torino, 2019, pagg. 3-267.

or else:

F.P. LUISO, Diritto processuale civile, vol. III, Il processo esecutivo, Giuffrè, Milano, 2019, pagg. 3-317.