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

Oral lectures and seminars (totallying 54 hours = 9 CFU) to be attended in classroom

SYLLABUS/CONTENT

The course shall be shared in three parts:

First Part: Italian Judicial System and Jurisdiction – Fundamental principles of the Italian civil procedure law

Second Part: First Instance Proceedings and Appeals System. 

Third Part: Rules of Evidence. 

RECOMMENDED READING/BIBLIOGRAPHY

For students attending the lectures 

in relation to the 1st part of the Course:

- MANDRIOLI-CARRATTA, Diritto Processuale Civile, editio minor, Giappichelli, Torino, 2023, the number of pages will be indicated as soon as the manual is published,

or in alternative:

- BIAVATI, Argomenti di diritto processuale civile, VI ed., Bologna, 2023, pp. 13-293

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

- MANDRIOLI-CARRATTA, Diritto Processuale Civile, editio minor, Giappichelli, Torino, 2023, the number of pages will be indicated as soon as the manual is published,

or in alternative:

- BIAVATI, Argomenti di diritto processuale civile, VI ed., Bologna, 2023, pp. 295-557

For students not attending the lectures 

in relation to the 1st part of the Course:

- MANDRIOLI-CARRATTA, Diritto Processuale Civile, editio minor, Giappichelli, Torino, 2023, the number of pages will be indicated as soon as the manual is published,

or in alternative:

- BIAVATI, Argomenti di diritto processuale civile, VI ed., Bologna, 2023, pp. 13-293

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

- MANDRIOLI-CARRATTA, Diritto Processuale Civile, editio minor, Giappichelli, Torino, 2023, the number of pages will be indicated as soon as the manual is published,

or in alternative:

- BIAVATI, Argomenti di diritto processuale civile, VI ed., Bologna, 2023, pp. 295-570

Students are required to consult an updated Code of Civil Procedure.

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.