OVERVIEW

This course is intended to investigate the civil procedure regulations related to the administration of justice in civil cases in the context of various judicial systems: first instance court proceedings and appeals (including special proceedings), enforcement proceedings, preventive and precautionary proceedings, etc. Particular attention will be paid to the various law reforms introduced in the past years, in particular to the last reform adopted by Legislative Decree 10 October 2022 no. 149 (so called Cartabia Reform).

AIMS AND CONTENT

LEARNING OUTCOMES

This course is intended to investigate the civil procedure regulations related to the administration of justice in civil cases in the context of various judicial systems: first instance court proceedings and appeals (including special proceedings), enforcement proceedings, preventive and precautionary proceedings, etc. Particular attention will be paid to the various law reforms introduced in the past years, in particular to the last reform adopted by Legislative Decree 10 October 2022 no. 149 (so called Cartabia Reform).

AIMS AND LEARNING OUTCOMES

The main aim of this course consists in investigating the civil procedure regulations related to the administration of justice in civil cases in the context of various judicial systems and in the light of the different law reforms introduced in the past years, in particular to the last reform adopted by Legislative Decree 10 October 2022 no. 149 (so called Cartabia Reform): models of first instance court proceedings and appeals (including special proceedings), enforcement proceedings, preventive and precautionary proceedings, etc.

Specific attention will be paid to the general principles of civil procedure law (First Book of the Civil Procedure Code), models of first instance court proceedings (ordinary and semplified) and appeals, the court expertise and different means of proof, special court proceedings.

Personal studies and researches as well as his/her attendance to the lectures, seminars and teamwork activities will enable the student to:

• Distinguish and remember the most important code regulations governing the conduct of jurisdictional activites in their different forms and phases, as well as the players of and the structure of courts proceedings;
• Identify the different kinds of jurisdictional activities (proceedings of merits, enforcement, preventive and precautionary, "volontaria giurisdizione") and describe and apply the reference code provisions;
• Identify and describe the structure and the working mechanism of the administration of justice in civil cases and of the different judicial proceedings;
• Analyze the structures and the main dynamics of civil proceedings, in particular as regards the first instance and appeal court proceedings, enforcement proceedings as well as special proceedings on the merits;
• Identify and distinguish the main references code provisions which could be applied to practical problems in the context of first instance or appeal court proceedings;
• Apply the acquired knowledge to the analisys and the assessment of procedural deeds, starting from the pre-trial parties' statements up to the judge's orders and judgments;
• Identify, understand and consider the rules governing the evidence law in civil proceedings;
• Identify and analyse the regulations of typical means of proof, in partiucular: witnesses, interrogatories, disclosure of documents and court expertise;
• Apply the acquired knowledge in his/her professional or working activities;
• Critically consider, with independent judgment, the most important reforms of civil procedure law;
• Read and critically study and examine, with independent judgment, scientific papers in civil procedure law, texts of judgments issued by Italian courts, including Court of Cassation and Constitutional Court in matters related to civil procedure law;
• Express himself / herself in a proper juridical language;
• Communicate efficiently in writing or verbally and adapt his/her own communication to the specific public or private companies;
• Solve concrete cases.

TEACHING METHODS

Direct lectures and seminars for a total of 54 hours (9 CFU).

Students attending the lectures shall partecipate in seminars as well as in tutorials on specific issues, if possible also in teamwork activities.

If possible and with the agreement of court offices, same attending students will also have the opportunity of taking part as observers in court hearings before the Labour Division of the Court of Genoa.

SYLLABUS/CONTENT

This course shall be substantially divided in three main parts:

Part I: The different forms of jurisdictional activities: proceedings on the merits, enforcement proceedings, preventive and precautionary proceedings, "volontaria giurisdizione". The general principles of civil procedure law (First Book of the Civil Procedure Code). Jurisdiction and competence. The object of and the parties in civil proceedings. The "litisconsortium". The principle of adversial proceedings. The defence before Courts. The judge's orders and final judgments.

Part II: Models of first instance court proceedings (ordinary and semplified) and appeals. After some considerations on the cultures and ideologies of civil court proceedings, this part of the course shall examine the structures and rules of the first instance court proceedings. Specific attention will be paid to the various law reforms introduced in the past years, in particular to the last reform adopted by Legislative Decree 10 October 2022 no. 149 (so called Cartabia Reform). In particular, the following topics shall be treated: pre-trail and parties' preliminary defensive statements, trial and decision phases. A thorought consideration shall also be devoted to court expertise and different means of proof, like witnesses, interrogatories, disclosure of documents, etc. Conclusively, this part of the course shall treat the various appeal proceedings, particularly before the Court of Appeal and the Court of Cassation.

Part III: Special court proceedings: in particular, injunction proceedings and preventive and precautionary proceedings. Overview on enforcement proceedings.

RECOMMENDED READING/BIBLIOGRAPHY

Slides used by the teacher during his lessons, legislative and regulatory texts, case law and academic articles will be available on Aulaweb.

Textbooks suggested for attending students:

MANDRIOLI - CARRATTA, Diritto processuale civile, Editio minor (XIX ed.), Torino 2023, Vol. I, Chapters I to VII (except Sez. Terza) (pages 3 to 141), Chapters VIII to X (pp. 151 a 252) - Vol. II, Chapters I to VII (pages 3 to 219); Chapters IX (except "revocazione ed opposizione di terzo") (pages 229 to 301); Vol. III, Chapters V (pages 99 to 113), Chapters XI (only Sez. Prima) to XII (pages 251 to 267; 283 to 314).

Textbooks suggested for non attending students:

MANDRIOLI - CARRATTA, Diritto processuale civile, Editio minor (XIX ed.), Torino 2023, Vol. I, Chapters I to X  (pages 3 to 252) - Vol. II, Chapters I to VII (pages 3 to 219) e Cap. IX (pages 229 to 318) - Vol. III, Chapters V (pages 99 to 113), Chapters XI (only Sez. Prima) to XI (pages 251 to 267; 283 to 314).

The teacher shall inform the students about possible supervening publishing of the XX updated edition of these textbooks.

TEACHERS AND EXAM BOARD

Exam Board

ENRICO RIGHETTI (President)

ANGELO DONDI

VINCENZO ANSANELLI (Substitute)

CESARE BRUZZONE (Substitute)

PAOLO COMOGLIO (Substitute)

LESSONS

LESSONS START

I semester from September 16th to December 6th 2024

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam will be oral. The teacher will ask the student three / four questions connected with the various parts of the course program. The exam will last around 20 / 30 minutes for each student. If requested by a certain number of students, a partial interim written exam may be arranged once ended the first part of the course program.

ASSESSMENT METHODS

The oral exam aims to verify the student's actual knowledge and acquisition of the basic theoretical notions as well as his ability to identify and apply the reference standards to specific concrete cases. Through questions of a general theoretical nature and the proposal of cases and problems of a practical nature - which for attending students always draw inspiration from the teaching activity carried out in class - it will be verified whether the student is able to identify and define the legal concepts using a appropriate technical language.

If a student shows an unsufficient knowledge of the subject matter of the examination, the teacher shall request him/her to improve his/her preparation, if necessary by reading further literature suggested by the teacher.

Students with a disability or SLD certification may request the use of compensatory measures (e.g. additional time, concept maps and diagrams, modifications in the written/oral mode) during the examination, following the procedure indicated in the guidelines (p. 5) published qui 

Exam schedule