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
or
Ruffini (a cura di), Diritto processuale civile, 2023-2024, vol. I, II, III, Il Mulino.
or
Balena, Istituzioni di diritto processuale civile, 6° edizione, vol. I, II, III, Cacucci editore.
It is also warmly suggested to get an updated code of civil procedure (d.lgs. 164/2024).
Materials will be provided.
Programme
General part. Justice, judges power (jurisdiction) and proceedings. Different jurisdictions (civil, criminal, administrative) and different kinds of magistrates. State Courts: ordinary judges and their specialized sections, special judges and extraordinary judges. Private judges: arbitrators. Civil jurisdiction and different forms of jurisdictional protection of rights: declaratory jurisdiction (declaratory judgement, adjudication for damages and constitutive judgement); Evidence and proofs. Precautionary jurisdiction. Enforcement of judgement. Guidelines of proceedings. Ordinary proceedings before the lower Courts and plurality of proceedings. Summary proceedings. Ordinary proceedings in the judgement enforcement proceedings. Jurisdictions and Forum choosing rules Venue of the ordinary civil judge and its limits. Mistakes in choosing the forum. Parties Capacity. Representational standing. Attorney’s assistance. Standing to sue. Ordinary proceedings. Ordinary proceedings before the lower Courts; special proceedings for labor claims Abandonment and dismissal of action. Effects of abandonment and dismissal of action. Appeals. General overview: classification; appeals conditions: a) standing; b) interest; c) terms; Appeal from lower Courts judgements. Appeal before Supreme Court of Cassazione. Revision. Third party opposition. Enforcement proceedings. General overview. Enforcement finalized to compulsory purchase. Enforcement of specific duties. Special proceedings. Summary proceedings. Decisional summary proceedings. Precautionary proceedings and urgency orders.Core Documentation
Mandrioli - Carratta, Corso di diritto processuale civile, 2023, vol. I, II, III, IV, Giappichelli editore.or
Ruffini (a cura di), Diritto processuale civile, 2023-2024, vol. I, II, III, Il Mulino.
or
Balena, Istituzioni di diritto processuale civile, 6° edizione, vol. I, II, III, Cacucci editore.
It is also warmly suggested to get an updated code of civil procedure (d.lgs. 164/2024).
Materials will be provided.
Attendance
SuggestedType of evaluation
Oral exam.