Programme

I. SUMMARY PROCEEDINGS: 1.1. GENERAL OVERVIEW. 1.2. SUMMARY DECISION-MAKING PROCEDURES. 1.3. SUMMARY ENFORCEMENT PROCEDURES. 1.4.
AND URGENT SUMMARY PROCEEDINGS. 1.5. POSSESSORY PROCEEDINGS. 1.6.
CHAMBER PROCEEDINGS.
II. THE ENFORCEMENT PROCESS: 2.1. GENERAL OVERVIEW. 2.2. ENFORCEMENT
FOR EXPROPRIATION. 2.3. ENFORCEMENT IN SPECIFIC FORM. 2.4.
OPPOSITIONS IN THE ENFORCEMENT PROCESS. 2.5. SUSPENSION AND EXTINCTION
OF THE ENFORCEMENT PROCESS.
III. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES: 3.1.
GENERAL OVERVIEW. 3.2. FORMAL ARBITRATION. 3.3. INFORMAL ARBITRATION. 3.4. THE ARBITRATION AGREEMENT
, PROCEDURE AND AWARD. 3.5. APPEALS. 3.6. SPECIAL ARBITRATION:
IN INDIVIDUAL LABOR AND CORPORATE DISPUTES. 3.7. THE PROCEDURE
OF MEDIATION AND ASSISTED NEGOTIATION.

Core Documentation

C. MANDRIOLI-A.CARRATTA, Diritto processuale civile, XXXI ed., Giappichelli, Torino, 2026, vol. III, except pages from 1 to 110 and from 129 to 258 (cap. I, II, sections 1, 2, 3 e 5, III e IV), and vol. IV full;
A. CARRATTA, Codice di procedura civile ragionato, XIV ed., 2026.

Attendance

Participation in the Course is optional.

Type of evaluation

The final assessment of learning takes place through an oral test, the results of which are assessed between the minimum mark of 18/30, in cases of basic knowledge of the course program, and the maximum mark of 30/30 with honor, in cases where the test highlights an excellent and thorough knowledge of the course topics and an excellent capacity for critical analysis of the same, with a sophisticated technical-legal language.

Programme

I. FORCED EXECUTION - 1. Forced execution in general. -– 2. Forced expropriation. - 3. Foreclosure. – 4. Forced sale and assignment. – 5. The intervention of creditors. – 6. The distribution of the proceeds. – 7. Particular forms of expropriation. – 8. Execution in a specific form. – 9. Indirect coercive measures. – 10. Accidents of cognition and executive oppositions. ¬ 11. Suspension and termination of the enforcement process.

II. SUMMARY PROTECTION DOES NOT PRECAUTION. – 1. The injunctive proceedings. – 2. The European injunction procedure. – 3. The procedure for validation of license or eviction. – 4. The procedure for repression of anti-union conduct. – 5. The summary procedure referred to in art. 38 of the Code of equal opportunities between men and women. – 6. The fair compensation procedure for the unreasonable duration of the trial. – 7. The procedure for the recognition of the purchase by adverse possession of small rural property.

III PRECAUTIONARY PROTECTION. – 1. The seizures. 2. Reports of new work and feared damage.
– 3. Extravagant precautionary measures. – 4. Emergency measures. – 5. The uniform precautionary procedure. – 6. Preventive education procedures. – 7. Possession proceedings.

IV PROCEEDINGS IN CHAMBERS.

V. ARBITRATION AND JURISDICTIONAL PROTECTION OF RIGHTS. – 1. The arbitration agreement. – 2. The referees. – 3. The arbitration procedure. – 4. Arbitration with multiple parties. – 5. The referees' measures. – 6. Challenges to the award. – 7. Irregular arbitration. – 8. Administered, special, foreign and international arbitrations. – 9. The recognition and declaration of enforceability of foreign awards, sentences and measures.

VI. COLLECTIVE PROCEEDINGS.

Core Documentation

G. RUFFINI (ed.), Diritto processuale civile, Il Mulino, Bologna 2024, volume III.

It is of utmost importance to consult an updated civil procedure code, complete with special legislation, as well as an updated civil code.

Attendance

Attendance at lectures is highly recommended. In order to facilitate the study, understanding and 'n-depth study of the subject, the lessons will be held respecting the order of subdivision of the topics adopted in the recommended manual [G. RUFFINI (ed.), Diritto processuale civile, volume 3, Il Mulino, Bologna 2024]. In order to obtain the best possible result from attendance, we recommend studying, before each lesson, the chapters of the aforementioned manual which cover the topics that will be illustrated in class. For this purpose, as well as to allow students who are unable to attend one or more lessons to know what the topics are, the detailed calendar of the lessons taught during the entire course will be made available on TEAMS and MOODLE, with an indication of the dates of the lessons, topics covered and references to the chapters of the recommended manual in which the aforementioned topics are covered.

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.

Programme

The course will cover the regulation of the main special and summary proceedings, arbitration, mediation, and assisted negotiation as alternative dispute resolution (ADR) methods, as well as enforcement proceedings.

In detail, the exam syllabus includes the following topics:
1. Special proceedings
1.1. Labour proceedings.
1.2. Injunction proceedings (procedimento per decreto ingiuntivo).
1.3. Precautionary proceedings (Interim relief).
1.4. Class actions.
1.5. Proceedings regarding persons, minors, and families.
1.6. Chamber proceedings (procedimenti camerali).
1.7. Arbitration.
2. Alternative dispute resolution (ADR) methods: mediation and assisted negotiation
3. The enforcement action
3.1. Forced expropriation proceedings.
3.2. Enforceable title (titolo esecutivo), writ of execution (precetto), and attachment (pignoramento).
3.3. Intervention of creditors.
3.4. Forced sale and assignment.
3.5. Distribution of the proceeds.
3.6. Oppositions to enforcement: Arts. 615, 617, and 619 of the Code of Civil Procedure (c.p.c.).
3.7. Specific performance enforcement (esecuzione in forma specifica).
3.8. Suspension and extinction of enforcement proceedings.

Core Documentation

For the preparation of the Civil Procedure Law II exam, it is recommended to study—as an alternative to one another and limited only to the topics specified in the exam syllabus—one of the following textbooks in the most recent and updated edition available:

C. Mandrioli – A. Carratta, Diritto processuale civile, editio maior, Torino, vols. III - IV.
G. Ruffini, Diritto processuale civile, Bologna, vols. II (limited to topics 1.1, 1.5, and 2 of the exam syllabus) - III.

Consultation of an updated Code of Civil Procedure and Civil Code is essential.

Attendance

Although not mandatory, attendance at lectures and participation in the additional activities offered within the course (e.g., written exercises, seminars, etc.) are highly recommended.

Type of evaluation

The exam consists of an oral examination in which the student must demonstrate knowledge and understanding of the course contents, as well as the ability to apply them to cases presented by the professor. The student must be able to independently analyze the relevant legal sources and jurisprudential trends, and correctly use the technical-legal vocabulary of the subject, thereby demonstrating that they have acquired the study method and learning skills necessary to continue exploring the discipline autonomously. For the purpose of awarding the final grade (out of thirty), the following evaluation criteria will be taken into account: • Knowledge and understanding of the legal concepts and principles of the subject, and the ability to apply them to concrete cases (60%); • Command of the technical-legal vocabulary (25%); • Knowledge and ability to consult and evaluate relevant sources, and acquisition of the proper study method (15%). The presence of knowledge gaps regarding one or more topics of the exam syllabus will result in a failing grade, even if the student possesses a basic knowledge of the subject.