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

optional

Type of evaluation

The exam consists in some open ended questions on the topics included in the course program