Civil procedure attends to dynamic field of judicial experience; the one is affirming the existence of rights, the other is their effective being and peaceful practice. Whether a right is denied or its practice is forbidden, we need effective redress devices. Civil procedure attends to relationships between claimant and defendant. Before studying how proceedings are regulated, however, we need to describe the aim which they can pursue, that is protection forms, which overlap to different kinds of manageable action. We need to specify prerequisities of Courts before which the proceedings is brought, as well as qualities of parties involved in the proceedings, and devices that each of them can use. These general topics concern the first part of the course. In the second and third part we will examine rules of ordinary proceedings before lower courts. In the fourth part we will examine appeals.
teacher profile teaching materials
II. ORDINARY PROCEEDINGS: 1. Ordinary proceedings before the lower Courts; special proceedings for labour suits; «summary proceedings»; proceedings before honorary judges (giudice di pace). 2. Commencement of the proceedings. 3. Presentation of the pleadings. 4. Evidence gathering. 5. Anticipatory orders. 6. The adjudication. 7. Abandonment and dismissal of action.
III. APPEALS: 1. General overview. 2. Classification. 2.1. Appeal from the lower Courts judgements. 2.2. Appeal before the Supreme Court of Cassazione. 2.3. Revision. 2.4. Third party opposition.
-G. BALENA, Istituzioni di diritto processuale civile, 5th ed., Cacucci, Bari, 2019, volume I; volume II; volume III , chapters I - IV;
- F.P. LUISO, Diritto processuale civile, 12th ed., Giuffrè, Milano, 2021, volume I; volume II; volume IV, chapters 1 – 8, 10 , 13 and 26 ; volume V, chapters 1 – 7 .
The consultation of an updated edition of civil procedure code and complementary rules is essential.
Mutuazione: 20101107 DIRITTO PROCESSUALE CIVILE I in GIURISPRUDENZA LMG/01 A - Z RUFFINI GIUSEPPE
Programme
I. GENERAL PART: 1. Being, purpose and structure of judicial power. Straight substantial right and “Due Process of Law”. Different jurisdictions and different forms of rights’ protection. 2. Procedural rule. 3. Pleadings, costs and rewards. Terms. Formal and substantial res iudicata. 4. Service of notice and communications. Auxiliaries of the judge. 5. General overview on civil procedure principles. 6. Kinds of proofs. 7. Judges. Jurisdiction. Choosing the Forum. Connection among claims and its potential consequences on jurisdiction, venue and forms. Suspension of the proceedings. 8. Parties. Notion. Capacity. Standing to sue. Necessary and facultative joinders. Intervention. The Public Prosecutor. Collective redresses.II. ORDINARY PROCEEDINGS: 1. Ordinary proceedings before the lower Courts; special proceedings for labour suits; «summary proceedings»; proceedings before honorary judges (giudice di pace). 2. Commencement of the proceedings. 3. Presentation of the pleadings. 4. Evidence gathering. 5. Anticipatory orders. 6. The adjudication. 7. Abandonment and dismissal of action.
III. APPEALS: 1. General overview. 2. Classification. 2.1. Appeal from the lower Courts judgements. 2.2. Appeal before the Supreme Court of Cassazione. 2.3. Revision. 2.4. Third party opposition.
Core Documentation
A manual chosen from the following:-G. BALENA, Istituzioni di diritto processuale civile, 5th ed., Cacucci, Bari, 2019, volume I; volume II; volume III , chapters I - IV;
- F.P. LUISO, Diritto processuale civile, 12th ed., Giuffrè, Milano, 2021, volume I; volume II; volume IV, chapters 1 – 8, 10 , 13 and 26 ; volume V, chapters 1 – 7 .
The consultation of an updated edition of civil procedure code and complementary rules is essential.
Type of evaluation
The final exam will be an oral exam aimed at ascertaining the level of knowledge reached and the ability to reason and analysis; for this purpose questions will cover the topics taught during the lessons or in any case included in the program. The oral exam will be subdivided in two parts. At the end of the first part, a candidate who is not satisfied with his performance may declare that he wishes to withdraw.