Social sciences and humanities
Subject: CIVIL PROCEDURES LAW (A.A. 2023/2024)
Unit Diritto processuale civile - I principi generali e il processo di cognizione
Civil Procedural Law (lesson)
Unit Diritto processuale civile - I procedimenti speciali e l'esecuzione forzata
Civil Procedural Law (lesson)
Ability to understand the procedural dimension as an instrument of rights protection. Substantive law is not capable of reacting to its violation, therefore, it is necessary to lay hand on the discipline of the process as an instrument prepared to guarantee the implementation of substantive norms, in case their voluntary fulfillment is lacking. Within this dimension, one acquires the ability to understand specific legal language and tools to acquire the conceptual basis and learn the method for subsequent lifelong learning necessary for professional life
A good foundation in constitutional law, with particular reference to the judicial function, and adequate knowledge of private law are needed for easy and successful learning
The course is divided into two modules, one for each semester.
First module (9 CFU, first semester): The general principles and the cognition process.
Second module (6 CFU, second semester): Special proceedings and forced execution.
The program is divided into the following thematic modules:
The fundamental principles (2 CFU).
The starting point of the training course consists of the basic notions, contained in the constitution, on the protection of rights, the structure of jurisdiction, the judiciary.
The sources (2 CFU).
The subsequent development of the course focuses on the knowledge of the code of civil procedure, which necessarily requires the illustration of the dogmatic principles of the subject elaborated by the doctrine, also in consideration of the fact that the code of civil procedure does not contain theoretical definitions of the principles and institutes used, which are therefore the result of doctrinal elaboration.
The civil procedural discipline, however, is not entirely governed by the code of civil procedure, in the first place due to the presence of community regulations of direct interest to the matter, as it is necessary to acquire a good knowledge of the numerous and relevant internal legislative provisions that complement the code. civil procedure, such as those relating to private international law, special proceedings, legal profession.
The cognitive process of first instance (3 CFU).
Having acquired these foundations, the first semester will focus on and conclude with the study of the cognitive process articulated in the first instance cognitive process and the appeal system
Appeals (2 CFU)
The other forms of declarative process and special procedures (2 CFU).
In the second semester, the study continues by addressing the labor process, special and summary proceedings, arbitration.
Precautionary protection (1 CFU)
Executive protection (2 CFU)
Alternative dispute resolution tools (1 CFU)
Mediation and assisted negotiation
The teaching of the judiciary is agreed with the course of criminal procedural law.
The subdivision of the contents by CFU is to be understood as purely indicative and subject to modifications in the light of the feedback from students, as well as further particular needs (e.g. updating needs)
The teaching will be delivered in Italian. The teaching method involves the use of the contextual visualization through projection of contents to support the discussion and is divided into: - lectures for the first semester on general principles and the cognition process; - lectures for the second semester on special proceedings and forced execution. Attendance is not compulsory
The final exam, which is unique for the entire course, consists of a test aimed at verifying the knowledge acquired by the student in the various themes in which the subject is divided. The exam will begin with a test with multiple choice questions, covering the entire program, divided into 30 questions that assign a point each, without penalty for omitted or incorrect answers. Once sufficient in the test, at least 18 correct answers, the exam will end with an interview lasting about 20 minutes, again on the entire program, in which 2 or 3 questions will be asked. A source of evaluation will be derived from the correctness of the exposition, also with reference to the use of the appropriate terminology. The lack of knowledge of one or more institutes or procedures illustrated in the reference text is not admitted. The sufficiency threshold is reached when the answers show sufficient knowledge of the teaching contents. The final grade does not consist of a mathematical average between the result of the written test and the oral test, it will be given weight to the knowledge and the ability to argue emerged in the oral test. To obtain the maximum score (30/30 cum laude) the student must demonstrate that they have acquired excellent knowledge and understanding of the topics covered in the course, subject of the exam questions, the ability to move competently between the different topics of the program, as well as critical analysis skills and full command of legal language. The exams will be held according to the Academic Calendar and students must enrol for the exams through the esse3 platform. There are no intermediate evaluations
Knowledge and understanding: the student acquires a good knowledge of civil procedural law from three sources: knowledge of the normative data, knowledge of the elaboration carried out by the doctrine of dogmatic principles and institutes, knowledge of important jurisprudential orientations, in perspective of a critical capacity and autonomous thinking.
Ability to apply knowledge and understanding: the broad approach used allows the student to apply the knowledge acquired in the reading and understanding of legislative, doctrinal and jurisprudential texts even outside the specific field of study.
Independent judgment: the student is able to analyze and integrate, critically discuss and provide conclusions on problems.
Communication skills: the need to understand and order the vast study material leads the student to the ability to synthesize and to show effectively and concisely the concepts learned and the conclusions that you can formulate on this basis. The request for an appropriate language completes the ability to deal with topics appropriately, while still needing to be able to address non-specialists.
Learning skills: the activities described allow the student to acquire the methodological tools to continue their studies and to be able to independently provide for their own updating
È imprescindibile l'utilizzo di testi normativi aggiornati.
Per la preparazione dell’esame come manuale si può utilizzare:
BIAVATI, Argomenti di diritto processuale civile, VI edizione, Bononia University Press, 2023.
In alternativa si possono utilizzare le ultime edizioni di altri manuali, aggiornati alla riforma del processo civile attuata con il d.lgs. 10 ottobre 2022, n. 149, che trattino di tutti i contenuti del corso come sopra indicati