LEARNING OUTCOMES

The course aims to contribute to the learning of the theoretical and practical knowledge necessary for access to the main legal professions as magistrate, lawyer, clerks, and judicial assistant. Regarding the judicial activity, the comparative analysis aims to increasing awareness of the new role of case management, with a view to recovering greater efficiency of civil justice. On the advocacy side, the intent is to train lawyers and jurists capable of drafting procedural acts characterized by the new standards of clarity, precision, and conciseness. Regarding the new organizational modules will be delineated functions and tasks of clerks and judicial assistants, according to the current regulatory framework.

AIMS AND LEARNING OUTCOMES

The teaching of Civil procedural law (two-year), Module II, will be divided into four parts.

The first part, concerning the Models of the civil process in a comparison poin of view, will be characterized by the adoption of an eminently comparative perspective of investigation, tending to provide students with in-depth and specialized notions about the main trends taking place in some of the most significant rules of the civil process. In this regard, in addition to the now classic references to legal systems such as the US and English (for the common law area), French, German and Spanish (for the civil law area), particular attention will also be paid to the new legal systems, such as South American, Chinese, Russian and Indian ones. An attempt will thus be made to identify possible solutions that can be adopted, with a view to reform, to stem the dysfunctions afflicting Italian civil justice.

Second and third part of the teaching will focus on the procedings governed by books III-IV of the Italian civil procedure code, such as, for example, enforcement and precautionary procedings.

Finally, the fourth part of the course will focus on the study, also in a comparative perspective, of the organizational modules in support of the judicial activity, with a particular attention to "Ufficio per il processo". To this end, the teaching also aims to initiate students to the use legal databaes, the analysis of concrete legal cases to develop their argumentative skills, as well as the drafting of synthetic texts. These activities are part of a training course aimed at providing each student with the necessary skills to develop the skills of interpretation and application of law required by the world of professions. 

The individual study, the frequency of the courses, the participation in the training activities including meetings at law firms and Court, will allow the student to:

•  Understand, identify and remember the reform trends that characterize the main models of civil process;
• Understand the structure and functioning of civil process models falling within the civil law areas of common law and those defined as "emerging countries" (China, India, Russia, Japan, South American countries);
• Understand the main dynamics of collective conflict with particular regard to strike and anti-union conduct;
• Identify and apply the rules governing the operation of the main special procedings governed by the Italian c.p.c.;
• Understand and use the models of procedural documents related to special procedings, also in the perspective of the use of Telematic Civil Procedure;
• Understand and critically evaluate, with autonomy of judgment, the possible solutions applicable to an effective reform of the Italian civil process in order to overcome the dysfunctions of Italian civil justice;
• Read and examine critically, with autonomy of judgment, scientific articles in the field of civil procedural law also through the analysis of the relevant jurisprudence;
• Learn and use an appropriate legal language.

TEACHING METHODS

The course consists of lectures, for a total of 54 hours (equal to 9 credits), during which the main theoretical notions of civil procedures in comparative perspective and Italian special procedings will be presented and analyzed, but practical examples and cases will also be proposed and discussed. Weekly will be attached in "Aulaweb" texts of judgments and summary material used in class.

Occasionally, scholars and experts of the subject or professionals may be invited to give a lecture on topics of particular interest and current events, also in order to allow students to acquire greater awareness of the concrete and application dimension of the matter.

The course will also provide the possibility of two seminars, one at a law firm (for a total of three additional meetings at the hours of frontal lesson) and one in the Court (always divided into three meetings additional to the hours of frontal lesson).

Laboratories, project development, use of legal databases, mock trial.

SYLLABUS/CONTENT

For the first part:

Models of civil processes in evolution and comparative perspective. Recurring problems and methodological approach. Questions on guarantees and access to civil justice. Problems of pre-trial and trial in civil disputes. Evidence and tools of the judge. Conclusion of the dispute and alternative routes. The reference orders will be essentially: USA, England, France, Spain, Germany, South American countries, China, India, Russia, Japan

For the second and third parts:

Notions relating special procedings governend by books III-IV of italian c.p.c., such as enforcement and precautionary procedings.  

For the fourth part

Analysis, also in comparative perspective, of the organizational modules to support judicial activity, with particular regard to "Ufficio per il processo".

RECOMMENDED READING/BIBLIOGRAPHY

For attending students: 

Module I: DONDI-ANSANELLI-COMOGLIO, Processi civili in evoluzione – Una prospettiva comparata, (II ed.), Milano 2018, Giuffrè Ed., Ch. II–V.

Module II: BIAVATI, Argomenti di diritto processuale civile (VI ed.), Bologna 2023, Ch. V (Subchapters: from 69 to 77), Ch. VI (Subchapters: from 89 to 95); o alternatively MANDRIOLI, Corso di diritto processuale civile, Editio minor (XVIII ed.), Torino, 2021, Vol. III, pp. 147-168, 181-216; 273-313.

Modulo IV: Study materials will be made available on "Aulaweb".

N.B.: During the academic year (September 2023) will be published the XIX edition of the book MANDRIOLI, Corso di diritto processuale civile, Editio minor, vol. III, for which will be indicated the specific reference pages in relation to the teaching program. 

Recommended reading: ANSANELLI, Contributo allo studio della trattazione nella storia del processo civile italiano, Torino 2017.

For non-attending students: 

Module I: DONDI-ANSANELLI-COMOGLIO, Processi civili in evoluzione – Una prospettiva comparata, (II ed.), Milano 2018, Giuffrè Ed., Ch. I–VI; Federal Rules of Civil Procedure 2023, Rules 8–37.

Modulo II: BIAVATI, Argomenti di diritto processuale civile (Vi ed.), Bologna 2023, Ch. V (Subchapters: from 69 to 77), Ch. VI (Subchapters: from 89 to 95); o alternatively MANDRIOLI, Corso di diritto processuale civile, Editio minor (XVIII ed.), Torino 2021, Vol. III, pp. 147-168, 181-216, 273-313.

Modulo III: BIAVATI, Argomenti di diritto processuale civile (V ed.), Bologna 2020, Ch. VI (Subchapters: from 96 to 107); o alternatively MANDRIOLI, Corso di diritto processuale civile, Editio minor (XVIII ed.), Torino 2021, Vol. III, pp. 5-146.

Modulo IV: Study materials will be made available on "Aulaweb".

N.B.: During the academic year (September 2023) will be published the XIX edition of the book MANDRIOLI, Corso di diritto processuale civile, Editio minor, vol. III, for which will be indicated the specific reference pages in relation to the teaching program. 

Recommended reading: ANSANELLI, Contributo allo studio della trattazione nella storia del processo civile italiano, Torino 2017.