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
BEFORE EXAMINING HOW PROCEEDINGS UNFOLD, HOWEVER, IT IS NECESSARY TO DEFINE THE GOALS THEY CAN ACHIEVE, NAMELY THE FORMS OF PROTECTION, WHICH COINCIDE WITH THE DIFFERENT TYPES OF ACTION THAT CAN BE EXERCISED. IT IS ALSO NECESSARY TO INDICATE THE REQUIREMENTS OF THE JUDGES BEFORE WHOM PROCEEDINGS MAY BE HELD, AS WELL AS THE QUALIFICATIONS OF THE OTHER SUBJECTS INVOLVED IN THE PROCEDURAL MATTER AND THE MEANS EACH OF THEM CAN UTILIZE. THE FIRST PART OF THE COURSE IS DEDICATED TO THESE GENERAL THEMES. THE SECOND AND THIRD PARTS WILL EXAMINE THE RULES GOVERNING FIRST-INSTANCE ORDINARY COGNIZANCE PROCEEDINGS. THE FOURTH PART WILL ADDRESS THE TOPIC OF APPEALS, BOTH IN GENERAL AND WITH REFERENCE TO THE RULES GOVERNING INDIVIDUAL CHANNELS OF APPEAL PERMITTED AGAINST THE JUDGMENTS OF CIVIL JUDGES. THE FIFTH PART OF THE SYLLABUS IS DEDICATED TO NON-CAUTIONARY (OR: NON-PRECAUTIONARY) SUMMARY PROCEEDINGS (INJUNCTION PROCEEDINGS AND EVICTION VALIDATION), AN OVERVIEW OF CAUTIONARY (OR: PRECAUTIONARY) PROTECTION AND CERTAIN PRECAUTIONARY MEASURES, GENERAL REMARKS ON THE FORMS OF ENFORCEMENT AND ON ALTERNATIVE DISPUTE RESOLUTION INSTRUMENTS.
or
Balena, Istituzioni di diritto processuale civile, Cacucci, 2025, vo. 1, 2, 3, with specific reference to the topics covered by syllabus.
Programme
CIVIL PROCEDURAL LAW DEALS WITH THE DYNAMIC ASPECT OF LEGAL EXPERIENCE: ASSERTING A RIGHT IS ONE THING, WHILE ITS ACTUAL EXISTENCE AND PEACEFUL EXERCISE ARE QUITE ANOTHER. IF A RIGHT IS CONTESTED OR ITS EXERCISE IS IMPEDED, APPROPRIATE INSTRUMENTS ARE REQUIRED FOR ITS EFFECTIVE ENFORCEMENT. THIS INSTRUMENT IS JUDICIAL PROTECTION, WHICH IS ACHIEVED, THROUGH DUE CONTRADICTORY PROCEEDINGS (OR: THE CONTRADICTORY DEBATE) BETWEEN THE CONFLICTING PARTIES, VIA THE JUDICIAL PROCESS, WHICH CONSTITUTES THE PREVAILING SUBJECT OF ANALYSIS.BEFORE EXAMINING HOW PROCEEDINGS UNFOLD, HOWEVER, IT IS NECESSARY TO DEFINE THE GOALS THEY CAN ACHIEVE, NAMELY THE FORMS OF PROTECTION, WHICH COINCIDE WITH THE DIFFERENT TYPES OF ACTION THAT CAN BE EXERCISED. IT IS ALSO NECESSARY TO INDICATE THE REQUIREMENTS OF THE JUDGES BEFORE WHOM PROCEEDINGS MAY BE HELD, AS WELL AS THE QUALIFICATIONS OF THE OTHER SUBJECTS INVOLVED IN THE PROCEDURAL MATTER AND THE MEANS EACH OF THEM CAN UTILIZE. THE FIRST PART OF THE COURSE IS DEDICATED TO THESE GENERAL THEMES. THE SECOND AND THIRD PARTS WILL EXAMINE THE RULES GOVERNING FIRST-INSTANCE ORDINARY COGNIZANCE PROCEEDINGS. THE FOURTH PART WILL ADDRESS THE TOPIC OF APPEALS, BOTH IN GENERAL AND WITH REFERENCE TO THE RULES GOVERNING INDIVIDUAL CHANNELS OF APPEAL PERMITTED AGAINST THE JUDGMENTS OF CIVIL JUDGES. THE FIFTH PART OF THE SYLLABUS IS DEDICATED TO NON-CAUTIONARY (OR: NON-PRECAUTIONARY) SUMMARY PROCEEDINGS (INJUNCTION PROCEEDINGS AND EVICTION VALIDATION), AN OVERVIEW OF CAUTIONARY (OR: PRECAUTIONARY) PROTECTION AND CERTAIN PRECAUTIONARY MEASURES, GENERAL REMARKS ON THE FORMS OF ENFORCEMENT AND ON ALTERNATIVE DISPUTE RESOLUTION INSTRUMENTS.
Prerequisiti
Public law, Constitutional Law, Private Law exams passedCore Documentation
Mandrioli - Carratta, Corso di diritto processuale civile, Giappichelli, 2026, Vol. 1, 2, 3, 4, with specific reference to the topics covered by syllabus.or
Balena, Istituzioni di diritto processuale civile, Cacucci, 2025, vo. 1, 2, 3, with specific reference to the topics covered by syllabus.
Attendance
Not mandatory but warmly suggestedType of evaluation
Oral exam based on 5 or 6 open-ended questions