CODE 64995 ACADEMIC YEAR 2025/2026 CREDITS 9 cfu anno 4 GIURISPRUDENZA 7996 (LMG/01) - IMPERIA SCIENTIFIC DISCIPLINARY SECTOR IUS/15 LANGUAGE Italian TEACHING LOCATION IMPERIA SEMESTER 2° Semester MODULES Questo insegnamento è un modulo di: CIVIL PROCEDURE LAW TEACHING MATERIALS AULAWEB AIMS AND CONTENT LEARNING OUTCOMES Study of the cultures and the ideologies of the Italian civil procedure legislation as well as examination of the civil trial framework paying critical attention to the related regulatory reforms. AIMS AND LEARNING OUTCOMES The aim of the teaching of Civil Procedure Law (two-year), Module II is essentially twofold. On the one hand, it will seek to provide students with specialised knowledge on the structure of the main civil trial models from a comparative perspective, both civil law and common law (USA, England, Spain, France, Germany, South American countries). On the other hand, the content requirements and drafting standards relating to the procedural acts of ‘special proceedings’ (labour proceedings, precautionary proceedings, injunctive decree, preventive instruction) and of the enforcement process will be analysed. Finally, the new structure of the organisational support module for court activities called ‘Office for the trial’ will be analysed. In particular, frontal teaching will be divided into four parts. The first of these, concerning the models of the civil trial in a comparative perspective, will be characterised by the adoption of an eminently comparative investigation perspective, aimed at providing students with in-depth and specialised notions of the main trends underway in some of the most significant civil trial systems. In this regard, in addition to the by now classic references to 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 new systems, such as the 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 curb the dysfunctions that afflict Italian civil justice. In this perspective, the course will be articulated according to a scansion reproducing the main phases of the civil process, i.e: general principles - introductory phase - pretrial - evidence - decision and appeals - special proceedings full and summary cognition In the second part, the teaching will focus on the discipline of Special Proceedings. This is with reference both to special proceedings with full cognition, such as the labour rite and the simplified cognition procedure, and to special proceedings with summary cognition governed by Book IV of the Italian Code of Civil Procedure. The aim will be to provide students with an in-depth knowledge of the technical-legal rules governing the operation of the following proceedings: a) The simplified cognizance procedure (Art. 281-decies et seq. of the Code of Civil Procedure. ); b) The monitoring procedure (art. 633 et seq. of the Code of Civil Procedure); c) The precautionary proceedings (uniform precautionary rite and typical measures, including those of preventive instruction and emergency measures); d) The labour trial (art. 409 et seq. of the Code of Civil Procedure). The third part of the teaching will aim to provide students with the main notions and knowledge on the subject of execution. In this perspective, the main institutes characterising forced execution will be examined, limiting themselves to the essential references on the subject of: a) preparatory acts of the enforcement process (precept and attachment); b) forced expropriation in a general perspective; c) acts of opposition to execution. Lastly, the fourth part of the course will focus on the study, also from a comparative perspective, of the organisational modules supporting judicial activity. This with particular reference to the innovations in this context brought about by Legislative Decree No. 151/2022 with the establishment of the Trial Court Office. To this end, the course also aims to initiate students in the use of legal databases to search for regulatory sources, case law and doctrinal materials, in the analysis of concrete legal cases to develop their argumentative skills, as well as in the drafting of summary texts (excerpts of grounds, short essays, reconstruction of facts, trial records, power point presentations). These activities are part of an overall training course aimed at providing each student with the skills necessary to develop the ability to interpret and apply the law required by the professional world. The basic objective of the course is, ultimately, to provide students with the knowledge and form the aptitude to move in the world of the main legal professions (advocacy, judiciary, notary), also in a perspective not limited to the national territory. Self-study, course attendance and participation in training activities, including meetings at law firms and at court, will enable the student to: Understand, identify and recall the reform trends characterising the main civil trial models; Understand the structure and functioning of the civil trial models falling within the common law civil law areas and those definable as "emerging countries" (China, India, Russia, Japan, South American countries); Understand the main dynamics of collective conflict with particular regard to strikes and anti-union conduct; Identify and apply the rules governing the operation of the main special proceedings contained in the Italian Code of Civil Procedure; Understand and use the models of introductory acts of special proceedings in the practice of the Italian civil process also in the perspective of the use of the telematic civil process (PCT); Understand and critically evaluate, with autonomy of judgement, the possible solutions applicable for an incisive reform of the Italian civil process so as to overcome the dysfunctions of the Italian civil justice system; To read and critically examine, with autonomy of judgement, scientific articles in the field of civil procedural law also through the analysis of the reference case law; To express oneself in appropriate technical legal language - and especially with reference to procedural terminology. Elaborate and draft the main procedural acts, also in the light of the reference legislation and case law TEACHING METHODS The course consists of lectures, for a total of 54 hours (equivalent to 9 CFU), during which the main theoretical notions of civil proceedings in a comparative perspective and of Italian special proceedings will be presented and analysed, but also practical examples and cases will be proposed and discussed. Particular attention will be paid to the analysis of the methods of drafting procedural documents relating to special proceedings (seizures, appeal for injunction, appeal in labour matters, precept, attachment). Texts of judgments and summary material used in the lectures, as well as the slides of the lectures themselves, will be made available weekly on the Aulaweb. Occasionally, scholars and experts on the subject or professionals (in particular magistrates and lawyers) may be invited to lecture on topics of particular interest and topical interest, also in order to enable students to acquire a greater awareness of the concrete and applicative dimension of the subject. In addition, these activities may also be useful for outlining in concrete terms how to enter the main legal professions. The course will also include the possible holding of two seminars, one of which at a law firm (for a total of three meetings in addition to the hours of frontal lessons) and one in a court of law (again consisting of three meetings in addition to the hours of frontal lessons). Possible activities include workshops aimed at studying practical cases, developing projects, using databases, simulated trials. SYLLABUS/CONTENT The course programme includes the presentation and discussion of the following topics For Part One: - The various theoretical models of civil trials in comparative perspective. - Recurring problems and methodological approach. - Issues of guarantees and access to civil justice. - Ways of shaping the introductory phase. - Problems of preparation and handling of civil disputes. - Evidence and cognitive tools of the judge. - Conclusion of the dispute and alternative routes. The reference jurisdictions will essentially be: USA, England, France, Spain, Germany, South American countries, China, India, Russia, Japan For Part Two: - Notions concerning special proceedings with full and summary cognition - Distinguishing features. - Labour disputes. General principles and functioning of the labour process. - The simplified cognizance procedure - The monitoring procedure: the appeal for injunction pursuant to art. 633 et seq. c.p.c., the injunction decree, its provisional enforceability, the possible opposition phase. - The uniform precautionary procedure (art. 669 bis - quaterdecies). The individual precautionary measures: conservative and judicial seizure, The emergency measures pursuant to art. 700 of the Code of Civil Procedure. - The preventive instruction, in particular the preventive technical investigation and the witness statement in future memory For Part Three: - General principles of compulsory execution. - Prodromal acts: enforcement order and writ of execution. - The various forms of expropriation: specific form and general form, movable, immovable, third-party. - The acts of opposition to enforcement For Part Four: Analysis, also in comparative perspective, of the organisational modules supporting the judicial activity (specifically the Office for the trial and the tasks of the Clerk of the Office for the trial). RECOMMENDED READING/BIBLIOGRAPHY For attending students Module I: DONDI-ANSANELLI-COMOGLIO, Processi civili in evoluzione – Una prospettiva comparata (II ed.), Milan 2018, Giuffrè Ed., Chapters. II-V. Modules II - III: BIAVATI, Argomenti di diritto processuale civile (VII ed.), Bologna 2025, Ch. V (subchapters: 69 to 77 inclusive, pp. 577-645), Ch. VI (subchapters: 89 to 95 inclusive, pp. 737 - 790); Ch. VII (subchapters: 96 - 99 inclusive, pp. 791-827) or alternatively MANDRIOLI, Corso di diritto processuale civile, Editio minor (XX ed.), Turin, 2025, Vol. III, pp. 5 - 52; 103 - 136; 255 - 270; 287 - 308; 311 - 320; 322 - 342 Module IV: Appropriate study materials will be made available on Aulaweb. For Part I, we recommend reading ANSANELLI, Filosofie di riforma della fase preparatoria nel processo civile, Genova 2021, downloadable free of charge in open access on the website of the Genova University Press For non-attending students Module I: DONDI-ANSANELLI-COMOGLIO, Civil Proceedings in Evolution - A Comparative Perspective, (II ed.), Milan 2018, Giuffrè Ed., Chap. I-VI ModulI II - III: BIAVATI, Argomenti di diritto proceduale civile (VII ed.), Bologna 2025, Cap. V (subchapters: 69 to 88 inclusive, pp. 577-736), Cap. VI (subchapters: 89 to 95 inclusive, pp. 737 - 790); Cap. VII (Subchapters: 96 - 99 inclusive, pp. 791-827) or alternatively MANDRIOLI, Corso di diritto proceduale civile, Editio minor (XX ed.), Turin, 2025, Vol. III, pp. 5 - 52; 103 - 136; 255 - 270; 287 - 308; 311 - 320; 322 - 342; 343 - 390 Module IV: Appropriate study materials will be made available on the Aulaweb. For Part I it is recommended to read ANSANELLI, Philosophies of reform of the preparatory phase in the civil trial, Genova 2021, downloadable free of charge in open access on the website of Genova University Press TEACHERS AND EXAM BOARD VINCENZO ANSANELLI Ricevimento: Student reception will be held at the following times: Thursday h. 10-12 a.m. Exam Board PAOLO COMOGLIO (President) ENRICO RIGHETTI VINCENZO ANSANELLI (President Substitute) CESARE BRUZZONE (Substitute) FILIPPO NOCETO (Substitute) LESSONS LESSONS START Classes will be held during the second semester. Schedules will be published on the Department's website as soon as they are available Class schedule CIVIL PROCEDURE LAW MOD. II EXAMS EXAM DESCRIPTION The examination is oral and normally consists of four open questions, which are composed of a theoretical part and a more practical part. Each question concerns a specific part of the program, therefore the questions will be on the following subjects: 1) the structure of the main procedural models in a comparative perspective and the relevant reform trends; 2) the discipline of special proceedings and the relevant editorial methods; 3) the general principles of execution; 4) the disciplinary structure of the Trial Office; Depending on the progress of the course, an intermediate written test lasting one hour halfway through the course and covering the first part, i.e. the part on civil trials in comparative perspective, may be considered. The written test will consist of three open questions to which a summary answer must be given. The mark obtained in the written examination, if any, will be averaged with the mark obtained in the final oral examination and will determine the mark for the Civil Procedure Law Mod. II examination. The mark obtained in the final oral examination in Civil Procedure Law Module II will be averaged with the mark obtained in the Civil Procedure Law Module I examination and will thus determine the overall mark for the two-year Civil Procedure Law examination (18 CFU). ASSESSMENT METHODS The examination aims at verifying the student's actual knowledge and acquisition of the basic theoretical notions as well as his or her 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 are always inspired by the teaching activity carried out in class - it will be ascertained whether the student is able to - identify and define the notions of the civil process using appropriate technical language; - identify, distinguish, know and apply the main legal provisions governing the conduct of the main civil trial models - manifest an aptitude for using the main special procedures in the practice of Italian civil proceedings - autonomously identify and apply, also from practical cases and examples, the reference cases and their effects.
