ADVANCED CIVIL PROCEDURE LAW
For a useful study of advanced civil procedure, the knowledge of the notions of civil procedure and its technical language, and of constitutional and private law is required.
Halfway through the course, students who have attended at least 80% of lectures may take an open-ended question written exam on the first part of the course, the passing of which will allow students to take the oral exam only on the second part.
The course aims at introducing students to an analysis of the forms of special protection and of the regulation and principles of the enforcement law on which most of the (real and not only theoretical) “effectiveness” of the constitutional guarantees related to the judicial protection of substantial rights, deserving adequate protection, is based.
It being an advanced course, the topics will be covered giving relevance also to the historical and comparative dimension, emphasizing the links between the rules of the proceedings, substantive law implemented in the proceedings and constitutional law, and this in order to help students develop critical skills, skills in the systematic positioning of the institutions of civil procedure as well as in the identification of the logical and interdisciplinary links.
The course is about study:
- of special procedures referred to in Book IV of the Code of Civil Procedure. In particular, the following topics will be addressed (i) uniform precautionary procedure; (ii) seizures; (iii) nunciature measures; (iv) preventive instruction measures; (v) emergency measures; (vi) owner procedures; (vii) protective measures in industrial and intellectual property; (viii) injunctive decree and opposition procedure; (ix) summary cognitive rite and (x) work rite;
- the discipline of forced execution. As for the discipline of forced execution, it will deal with the concept of execution, the principles of the execution process and the different types of forced execution provided for by the law.
1) AA.VV. Il processo cautelare a cura di G. Tarzia e A. Saletti, Cedam,ult. ed. (with the exception of the chapter on the execution of seizures)
2) F.P. Luiso, Diritto processuale civile, Giuffrè, voll. III-IV, ult. ed., limited to the issues indicated during the course
The course will take place in the first semester and will consist of 50 hours of lectures. The explanation of theoretical concepts will be integrated with case law, facilitating the interaction between the professor and the students.