OVERVIEW

The Civil procedure course introduces participants to the study of civil litigation as a fundamental mechanism for the protection of rights and dispute resolution. The curriculum focuses on the constitutional principles of due process and the primary procedural instruments of the Italian legal system. Special emphasis is placed on practical applications concerning corporate relations and public administration, as well as Alternative Dispute Resolution (ADR) mechanisms, in light of the most recent legislative reforms and judicial developments.

AIMS AND CONTENT

LEARNING OUTCOMES

The course aims to provide students with a systematic understanding of the fundamental principles of civil procedure and of the mechanisms of judicial protection of rights, with particular attention to the practical application of procedural law and to the specific needs arising in the context of business activities and public administration.

It also seeks to develop students’ ability to understand the structure and functioning of the main civil proceedings, to identify the most appropriate procedural tools in relation to different factual scenarios, and to employ accurate legal terminology, including with regard to consensual dispute resolution mechanisms as well as summary and enforcement remedies.

AIMS AND LEARNING OUTCOMES

The course aims to provide a systematic knowledge of the fundamental principles of civil procedural law and the structure of the Italian civil justice system, also in relation to the practical needs inherent in dealings with businesses and the public administration.

Upon successful completion of the course, students are expected to achieve the following learning outcomes, structured in accordance with the Dublin Descriptors:

- Knowledge and understanding: Demonstrate a thorough and systematic knowledge of the constitutional principles of judicial protection and due process, the core concepts of the judiciary system, alternative dispute resolution instruments (mediation and assisted negotiation), the structure of ordinary proceedings on the merits (pleadings, preclusions, evidence, and judgment), the appeals system, and the fundamental principles of enforcement proceedings.

- Applying knowledge and understanding: Be able to interpret the provisions of the Code of Civil Procedure and apply the relevant legal institutions to practical cases, effectively navigating and resolving concrete procedural issues relevant to professional practice, businesses, and the public administration.

- Making judgements: Develop the capacity to critically analyze legislative reforms, differing scholarly opinions, and judicial precedents, identifying on a case-by-case basis the most appropriate remedy or consensual resolution mechanism for specific factual scenarios.

- Communication skills: Articulate theoretical concepts and practical procedural issues clearly, coherently, and with appropriate technical-legal terminology, demonstrating command of legal language both during the oral examination and in the analysis of practical cases.

- Learning skills: Acquire a methodology for studying and analyzing statutory sources and case law that enables autonomous updating of knowledge, also in light of future legislative developments in civil procedure.

- Soft Skills: Develop the ability to communicate effectively in both oral and written forms, adapting the communication style to the technical-legal procedural context, while strengthening critical thinking and argumentative skills through the analysis of judicial and scholarly sources. 

PREREQUISITES

In order to sit the Civil Procedural Law examination, students must have successfully passed the following mandatory prerequisite courses:

- Institutions of Private Law 

- Constitutional Law

TEACHING METHODS

The course consists of 54 lecture hours (9 ECTS/CFU).
In addition to the analysis of statutory frameworks, landmark judicial decisions will be examined to highlight practical applications and recent interpretative trends. The course may include seminars or advanced sessions featuring scholars, members of the judiciary, and legal professionals to foster a deeper understanding of the operational dimension of procedural law.

The course integrates into its objectives the development of the "Functional Literacy Competence - Basic Level" (Open Badge), focusing on refining communication, expressive, and argumentative skills applied to the legal context.

Attendance is highly recommended.

Students unable to attend classes due to documented work commitments, or for serious and certified health or family reasons, may request access to lecture recordings from the instructor. The instructor retains full and exclusive discretion in granting or denying such access.

Students with valid certifications for Specific Learning Disorders (SLD), disabilities or other educational needs and having complied with Unige procedures (described here) who need compensatory measures to prepare the exams or during the exams are invited to contact the teacher at the beginning of the course to agree on any teaching methods that, in accordance with the teaching objectives, take into account individual learning styles. For requesting Unige services for students with disabilities and other information, please visithttps://giurisprudenza.unige.it/serv_disabili. For further information, please visithttps://unige.it/disabilita-dsa and contact the Department's disability liaison officer (isa.fanlo@unige.it).

SYLLABUS/CONTENT

The course is divided into three parts.

1. Principles of Judicial Protection and Dispute Resolution Mechanisms

The first part of the course will focus on the fundamental principles of civil judicial protection. In this context, the constitutional principles of due process, the essential notions of judicial organization, the function of civil jurisdiction, and the main consensual dispute resolution mechanisms will be examined, with particular attention to mediation and assisted negotiation.

2. Ordinary Cognition Proceedings and the System of Appeals

The second part will address the structure and conduct of ordinary civil proceedings on the merits. The course will examine the general principles governing civil proceedings, the rules concerning introductory pleadings, the stages of case management and evidentiary proceedings, the system of procedural preclusions, the taking of evidence, and judicial decision-making. The principal forms of appeal and the fundamental mechanisms for reviewing judicial decisions will also be analyzed.

3. Special Proceedings and Enforcement Proceedings

The third part will be devoted to the special proceedings most frequently employed in practice and to the fundamental principles of enforcement proceedings. In particular, the course will examine the principal forms of summary and special relief, as well as the mechanisms for the compulsory enforcement of rights and the basic principles governing civil enforcement.

RECOMMENDED READING/BIBLIOGRAPHY

For Attending Students: 

• C. Mandrioli, A. Carratta, Corso di diritto processuale civile, 21st ed., Giappichelli, 2026, Vol. I, Chaps. I–VII (pp. 3-93, excluding Chap. VI, par. 30); Chaps. VIII–X (pp. 155-257).
• C. Mandrioli, A. Carratta, Corso di diritto processuale civile, 21st ed., Giappichelli, 2026, Vol. II, Chaps. I–V (pp. 3-181, excluding par. 63); Chap. VII (pp. 211-222); Chap. IX (pp. 231-303, excluding Secs. IV and V).
• C. Mandrioli, A. Carratta, Corso di diritto processuale civile, 21st ed., Giappichelli, 2026, Vol. III, Chap. XI, Sec. I (pp. 255-272); Chaps. XVII–XVIII (pp. 379-396).

For Non-Attending Students: 

• C. Mandrioli, A. Carratta, Corso di diritto processuale civile, 21st ed., Giappichelli, 2026, Vol. I, Chapters I–X (pp. 3-257).
• C. Mandrioli, A. Carratta, Corso di diritto processuale civile, 21st ed., Giappichelli, 2026, Vol. II, Chapters I–IX (pp. 3-303, excluding Sections IV and V of Chapter IX).
• C. Mandrioli, A. Carratta, Corso di diritto processuale civile, 21st ed., Giappichelli, 2026, Vol. III, Chapter V (pp. 103-121); Chapter XII, Sections I, II, IV, and V (pp. 285-307, excluding Section III); Chapters XVII–XVIII (pp. 379-396).

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

First semester from September 15th to December 12th 2026

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

ASSESSMENT METHODS

The oral exam aims to verify the effective acquisition of the fundamental concepts of civil procedural law, as well as the ability to understand the function of procedural institutes and to apply the relevant conceptual categories to the main interpretative and practical issues of the subject. Through questions of a general theoretical nature and references to concrete cases, the ability to use appropriate technical-legal language and to develop a coherent and mindful legal reasoning will also be assessed. Demonstrating a sufficient and thorough preparation on the fundamental institutes is an essential requirement for passing the exam.

Students having a valid certification of disability or Specific Learning Disorders (DSA) and having complied with Unige procedures (described here) may request the use of compensatory measures during the exams (e.g. additional time and/or concept maps). In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it

FURTHER INFORMATION

For any further inquiries not covered in this course syllabus, please contact the professor directly.