The course is based on the study of the principles of civil procedure law and of the different forms of jurisdictional protection of rights in civil matter in the Italian legal system.
Through a reasoned examination of the rules in force and the interpretative orientations of the case law, the general provisions of the subject matter will be progressively analysed, as well as the discipline of full cognitive proceedings at first instance and appeal stages, special summary cognitive proceedings, also of a precautionary nature, and the enforcement rules and procedures.
Through a reasoned examination of the rules in force and the interpretative orientations of the case law, the general provisions of the subject matter will be progressively analysed, as well as the discipline of full cognitive proceedings at first instance and appeal stages, special summary cognitive proceedings, also of a precautionary nature, and the enforcement rules and procedures.
teacher profile teaching materials
Below are the chapters or paragraphs of the textbook that are not part of the examination programme:
- volume II, chapter I, §§ 2 and 3.
- volume II, chapter IV, §§ 9 and 11
- volume II, chapter V, §§ 19, 20, 21 and 22
- volume II, chapter VI
- volume III, chapter VII
- volume III, chapter XIII, § 10
- volume III, chapter XIV
- volume III, chapters XVI, XVII, XVIII, XIX
- volume III, chapters XXIX, XXX, XXXI, XXXII, XXXIII, XXXIV, XXXV, XXXVI, XXXVII, XXXVIII
Programme
General Part. Jurisdiction. Substantive law and process. Civil jurisdiction. State jurisdiction and private jurisdiction. The different forms of judicial protection of rights. The action. The general and constitutional principles inherent in judicial protection. The parties: capacity, legitimation. The advocate. The public prosecutor. The judges. Jurisdiction and competence. Procedural acts, court orders and nullities. Time limits, communications and notifications. Costs. Subject matter of proceedings and res judicata. Lis pendens, continence and connection. Plurality of parties. Evidence. The process. The structure and stages of the trial at first instance: introduction, handling and instruction, decision. The ordinary trial. Anomalous proceedings. Special full-cognizance trials. Appeals. Framework and classifications. Time limits, legitimacy and interest. General provisions. Appeal. Appeal on cassation; judgment on reference. Revocation. Third-party proceedings. Special proceedings. Summary proceedings. Non-cautionary summary proceedings. Provisional summary proceedings. Enforcement proceedings. Framework and prerequisites. Enforcement title and precept. Enforced expropriation. Execution in specific form. Oppositions.Core Documentation
Diritto processuale civile, a cura di G. Ruffini, Il Mulino, Bologna, 2023 (vol. I) - 2024 (vols. II e III).Below are the chapters or paragraphs of the textbook that are not part of the examination programme:
- volume II, chapter I, §§ 2 and 3.
- volume II, chapter IV, §§ 9 and 11
- volume II, chapter V, §§ 19, 20, 21 and 22
- volume II, chapter VI
- volume III, chapter VII
- volume III, chapter XIII, § 10
- volume III, chapter XIV
- volume III, chapters XVI, XVII, XVIII, XIX
- volume III, chapters XXIX, XXX, XXXI, XXXII, XXXIII, XXXIV, XXXV, XXXVI, XXXVII, XXXVIII
Type of evaluation
Oral test with examination questions on general provisions, cognitive protection including appeals, special proceedings, precautionary protection and enforcement.