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 and appeals.
teacher profile teaching materials
II. CONSENSUAL JUSTICE AND THE PROCESS OF COGNITION - 1. Consensual justice. - 2. Models of the process of cognition. - 3. The ordinary process of cognition. - 4. The simplified process of cognition. 5. The process of labor. - 6. The trial concerning persons, minors and family. 7. Advance and decision-making convictions. - 8. The trial in absentia. 9. Suspension, interruption and termination of proceedings. 10. Correction of measures. 11. Appeals in general. 12. Appeal. 13. Cassation appeal. 14. The revocation. - 15. The rules of jurisdiction. - 16. The revocation. - 17. Third party opposition.
The consultation of an updated edition of the code of civil procedure including special legislation is essential.
Fruizione: 20101107 DIRITTO PROCESSUALE CIVILE I in GIURISPRUDENZA LMG/01 A - Z RUFFINI GIUSEPPE
Programme
I. GENERAL PART - 1. Justice, jurisdiction, trial. - 2. Courts, judges, judicial offices. - 3. The rule of civil procedure. - 4. Judicial protection of rights. -5. The application for judicial protection and the defense in court. - 6. The trial. - 7. The documents of the civil trial. - 8. The nullity of the procedural documents. - 9. The parties. - 10. The number of parties. 11. Amendments concerning the parties. - 12. The public minister. - 13. Abstention, objection and liability of Judges and other judicial bodies. - 14. The limits of the jurisdiction of the ordinary court in civil matters. - 15. The competence of the ordinary courts in civil matters. - 16. The judge and the facts. - 17. The judge, the rules of law and fairness. - 18. The outcome of the trial.II. CONSENSUAL JUSTICE AND THE PROCESS OF COGNITION - 1. Consensual justice. - 2. Models of the process of cognition. - 3. The ordinary process of cognition. - 4. The simplified process of cognition. 5. The process of labor. - 6. The trial concerning persons, minors and family. 7. Advance and decision-making convictions. - 8. The trial in absentia. 9. Suspension, interruption and termination of proceedings. 10. Correction of measures. 11. Appeals in general. 12. Appeal. 13. Cassation appeal. 14. The revocation. - 15. The rules of jurisdiction. - 16. The revocation. - 17. Third party opposition.
Core Documentation
G. RUFFINI (a cura di), Diritto processuale civile, Il Mulino, Bologna 2023-2024, volumi I e II.The consultation of an updated edition of the code of civil procedure including special legislation is essential.
Type of delivery of the course
The course will take place in the second semester (from March to May), through in-person lectures. A total of 80 hours of lessons are planned.Attendance
Attendance is optional, but strongly recommended. In fact, in addition to promoting a more secure understanding of the subject, it allows a direct exchange with the teacher and between the students themselves.Type of evaluation
The exam consists in an oral inquiry aimed at assessing the level of knowledge reached by the student and the ability to reason and analyze; questions will be based on topics covered during the course or included in the program. The oral exam is conducted in two phases. At the end of the first phase, a candidate who is not satisfied with their performance may choose to withdraw.