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.

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. To maximize attendance, we recommend studying the chapters of the recommended textbook covering the topics covered in class before each class. To this end, and to allow students who are unable to attend one or more classes to understand the topics covered, a detailed schedule of the classes taught throughout the course is published, indicating the topics covered and providing references to the recommended textbook and chapters in which those topics are covered.

Type of evaluation

The exam consists of a written test and a possible oral assessment, for which students must register via the GOMP system. The written test consists of thirty multiple-choice questions (for which the maximum score is 15/30) and two open-ended questions (for which the maximum total score is 15/30). Students will have three hours to complete the written test. Answers to multiple-choice questions must be given by choosing the correct answer from those proposed. Each correct answer will be worth 0.50/30, but 0.25/30 will be deducted for each incorrect answer. A score of at least 8/30 in the multiple-choice questions is a prerequisite for passing the exam; consequently, the open-ended questions answered by students who have scored less than 8/30 in the multiple-choice questions will not be evaluated. Each open-ended question must be answered within a maximum length of two sides of a “foglio uso bollo” sheet (25 lines per side, for a total of 50 lines). Text must remain within the margins and follow the prescribed line spacing. Each response can earn up to 7.5 points out of a total score of 30 (7.5/30). The first open-ended question is designed to test knowledge of the general principles of civil procedural law. The second open-ended question will focus on consensual justice and full cognizance trials, including appeals. Achieving at least 4/30 in the answer to the first open-ended question is a prerequisite for passing the exam; consequently, students who score less than 4/30 in the answer to the first open-ended question will not be evaluated for answers to the second open-ended question. The scores obtained in the answers to the open-ended questions will be added to those obtained in the answers to the multiple-choice questions, so that students who have obtained both the maximum score (15/30) in the answers to the multiple-choice questions and the maximum score in the answers to the two open-ended questions (15/30) will pass the exam with a grade of 30/30. These students will have the possibility of voluntarily taking the oral exam to achieve honors. In order to do so, these students are required to formally ask to attend the oral exam by sending an e-mail to the professor at least two days before the oral exam date for the same exam session in which they took the written exam. Students who have achieved a score of 24/30 or higher may request to voluntarily take the oral exam to further assess their preparation and adjust their grade accordingly. The request to attend the oral exam is to be done by sending an email to the professor at least two days before the oral exam date for the same exam session in which they took the written exam. At the end of the oral exam, students can receive a grade between 2 points less and 4 points more than their written exam grade. (For example, if a student scored 26/30 on the written exam, their final grade could be between 24/30 and 30/30). All students can refuse their written exam grade by emailing the professor. The email must be sent by the day before the oral exam for the same exam session. If students do not notify the professor by the day before the oral exam for the same exam session, the grade they received in the written exam will be recorded and registered automatically, provided it is between 18/30 and 30/30. Only those students who have attended the course in person may take a two-part written exam. The first part (consisting of fifteen multiple-choice questions and one open-ended question) will be held on the 15th of April 2026 in the lecture hall, during regular class hours. This will focus on the general principles of civil procedural law and will last ninety minutes. Notably, students who score less than 4/30 in the multiple-choice questions will not be evaluated further for answers to the open-ended question. Students who have attended the course in person, have passed the first part of the written exam held on the 15th of April 2026 (by obtaining at least 4/30 in the answers to the multiple-choice questions and at least 4/30 in the answer to the first open-ended question), and who wish to use these results for the purposes of completing the exam, must take the second part of the written exam (consisting of fifteen closed-ended questions and one open-ended question, concerning consensual justice and full cognizance trials, including appeal proceedings), as well as the possible oral exam (covering the entire program) in any of the three exam sessions of the 2026 summer session. The second part of the written exam can be taken even more than once, but the exam should be completed by the end of the summer session itself (note: the exam sessions in September are not considered part of the summer session). However, it is still necessary to register for the exam through the GOMP system. Students who have attended the course in person who do not achieve a sufficient score in the first part of the written exam or who are dissatisfied with their grade will have the opportunity to take the entire written exam (and the possible oral exam) in any of the other exam sessions, provided they register in advance through the GOMP system.