OVERVIEW

The course is designed for students of the “laurea magistrale a ciclo unico in giurisprudenza” and is aimed at providing students with an exhaustive understanding of the general fundamental principles of Italian civil procedure, the first instance proceedings and the appeals system with specific attention to the rules of evidence

AIMS AND CONTENT

LEARNING OUTCOMES

Analysis of the fundamental issues related to the law of evidence in the light of the need for adjusting the existing probatory model to requirements of the “new” civil disputes. Second instance of the case considered in the prospective of the extention of its subject and of its practical functionality. Enforcement jurisdiction, including comparisons with foreign law systems.

AIMS AND LEARNING OUTCOMES

At the end of the course the students should be able to show their knowledge on the following issues:

- general fundamental principles of the Italian civil procedure law

- first instance proceedings 

- appeals system

- rules of evidence

The course also aims i) to teach students to use one or more legal databases to find normative sources, jurisprudential and doctrinal materials, ii) to teach to use the tools of the "processo civile telematico", iii) to initiate students to the analysis of legal cases and to develop their argumentative skills.
These activities are part of a training course aimed at providing each student with useful skills of interpretation and application of law, required by the world of professions.

TEACHING METHODS

The course will be delivered through in-person lectures for a total of 54 hours (corresponding to 9 ECTS credits).
Relevant case law will also be examined, with particular focus on the most significant judicial decisions concerning each of the procedural institutions included in the examination syllabus. Attendance is strongly recommended.

Occasionally, scholars, subject-matter experts, and legal practitioners may be invited to give lectures on topics of particular interest or current relevance, with the aim of providing students with a deeper understanding of the practical and applied dimensions of the subject.

SYLLABUS/CONTENT

The course syllabus is structured in three parts.

Part One: Judicial System and Jurisdictional Activity – General Provisions of the Code of Civil Procedure.
This section focuses on the function and structure of jurisdictional activity, with particular reference to the subject matter and parties involved in civil proceedings, as well as procedural acts. Special attention will be given to the general provisions set forth in Book I of the Code of Civil Procedure and to the fundamental principles underlying the matter, also in light of the most significant recent reforms.

Part Two: Ordinary Civil Proceedings (Cognizione).
This part examines the structure of ordinary civil proceedings, including the introductory, evidentiary, and decision-making phases. The section will also address the rules of evidence.

Part Three: Appeals.
This section provides an overview of the notion of res judicata and the structure and configuration of the various means of appeal, with particular attention to appeals before the Court of Appeal and the Court of Cassation. A critical approach will be adopted with regard to the most recent legislative reforms.

RECOMMENDED READING/BIBLIOGRAPHY

For students attending lectures

in relation to the 1st part of the Course:

- MANDRIOLI-CARRATTA, Corso di diritto Processuale Civile, editio minor, Giappichelli ed, Torino, 2025. vol. I, pagine da 3 a 100 e da 155 a 268

or in alternative:

- BIAVATI, Argomenti di diritto processuale civile, Bologna, VII ed., 2025, pp. 13-294

furthermore, in relation to the 2nd and 3rd part of the Course:

- MANDRIOLI-CARRATTA, Corso di diritto Processuale Civile, editio minor, Giappichelli, Torino, 2025, vol. II, pagine da 3 a 237

- MANDRIOLI-CARRATTA, Corso di diritto Processuale Civile, editio minor, Giappichelli, Torino, 2025, vol. II, pagine da 239 a 332

or in alternative,

- BIAVATI, Argomenti di diritto processuale civile, VII ed., Bologna, 2025, pp. 295-576

For students not attending lectures 

in relation to the 1st part of the Course:

- MANDRIOLI-CARRATTA, Corso di diritto Processuale Civile, editio minor, Giappichelli ed, Torino, 2025. vol. I, pagine da 3 a 268

or in alternative:

- BIAVATI, Argomenti di diritto processuale civile, Bologna, VII ed., 2025, pp. 13-294

furthermore, in relation to the 2nd and 3rd part of the Course:

- MANDRIOLI-CARRATTA, Corso di diritto Processuale Civile, editio minor, Giappichelli, Torino, 2025, vol. II, pagine da 3 a 237

- MANDRIOLI-CARRATTA, Corso di diritto Processuale Civile, editio minor, Giappichelli, Torino, 2025, vol. II, pagine da 239 a 332

or in alternative:

- BIAVATI, Argomenti di diritto processuale civile, VII ed., Bologna, 2025, pp. 295-576

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

I semester from September 14th to December 4th 2020
II semester from February 15th to May 7th 2021

Class schedule

CIVIL PROCEDURE LAW MOD. I

EXAMS

EXAM DESCRIPTION

Examinations will be held orally and they will last approxiamtely 15 minutes. In general, any student shall be asked to answer three questions on general issues, one question for each part of the course.

ASSESSMENT METHODS

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.