Learning objectives
The course aims at providing an overview of the essentials of Italian law of civil procedure. At the end of the course, students are expected to have acquired good knowledge and understanding of the essentials of Italian law of civil procedure, and to know and be able to illustrate how civil proceedings work and by which principles their current regulation is inspired.
Prerequisites
In order to take the examination of Civil Procedure Law, it’s necessary to have already passed the examinations of Principles of Private Law, Principles of Roman Law, and Constitutional Law.
Course unit content
The course deals with the essentials of the Italian law of civil procedure. Particular attention is given to the enforcement of judgments. The course is splitted in three parts: the first one is dedicated to the general provisions of the Italian Code of Civil Procedure, with main regard to the trial by tribunal; the second one deals with the rules of the ordinary trial, both in first instance and in the other remedies against the judgments; the third one includes the enforcement proceedings and the special proceedings, correspondent to the injunction procedure, the provisional and interim measures and the summary proceeding.
Full programme
Bibliography
For the first part of the course program:
E. MERLIN, Elementi di diritto processuale civile. Parte generale, Torino, Giappichelli, 2022, chapters XVIII, XIX and XXI excluded;
For the second part of the course program:
G. TARZIA - F. DANOVI - L. SALVANESCHI, Lineamenti del processo civile di cognizione, VII ed., Milano, 2023.
For the third part of the course program:
G.BALENA, Istituzioni di diritto processuale civile, VI ed., Bari, 2023, pagg. 85-126; 185-253; 267-279; 293-332
Teaching methods
The course is structured in frontal lessons, conceived in the way of active learning, with oral presentation of the topics which are subject of teaching. At the state, lessons are expected to be taken face-to-face, but they will be also registered and uploaded on the Elly platform, where also the registered lessons from the last academic year will be indefinitely available to the students, as supplementary material of the course.
Early lessons will be dedicated to basic knowledge, in order to meet the needs highlighted by the students. Considering the vastness of the course program, the lessons won't fully cover it, nevertheless they will be dedicated to the most important topics. At the same time, considering the high professionalizing value of the course, a case-law method will be followed, in order to give a better comprehension of the fundamentals of the course.
Assessment methods and criteria
An oral examination will be held at the end of the course. There will be four equally relevant questions. Grades will range from 0 to 30; to pass the examination students need 18 or more. Students are requested to show that they acquired good knowledge and understanding of the essentials of Italian law of civil procedure, as well as to know and be able to illustrate how civil proceedings work and by which principles their current regulation is inspired.
Two partial written exams will be held during the course. The partial exams are relevant for the assignment of the final evaluation. The exams are evaluated on a scale from 0 to 30. The Professor will promptly communicate to the students the date both exams will be taken. The first partial will cover the general principles of the civil procedure, the second one the ordinary trial.
Each exam will be structured on four open-ended questions. Students will find a default space for their answers.
Students will be given 60 minutes to complete the exam. Each answer is evaluated on a scale from 0 to 1.
Students will be evaluated considering their best two answers. In order to pass the exam (getting a 18/30), students must reach a 0,75 score. The Professor uses a conversion table in order to turn the score into a 0-30 evaluation (for instance: 1 - 20/30; 1,25 - 23/30; 1,50 - 26/30; 1,75 – 28/30).
During the exam, it is forbidden to use Codes, textbooks and notes.
The results are communicated within three days on the Department's website. Only the students' badge number will be published, together with the result of the exam.
Students who achieve sufficiency at both partial written exams will have access to an integrative oral test, starting from an evaluation correspondent to the average of the evaluations achieved in the two partial written exams. The integrative oral test covers the special proceedings, it is structured in no more than two questions and it allows to increase the evaluation of maximum three points.
The partial written exams will be held only if it is possible to hold them in presence. Otherwise, partial oral exams will be taken, but the program and the evaluation methods will be the same, with the only difference that students will be requested to answer to two questions, without the possibility to choose among more questions.
Other information
