DIRITTO PROCESSUALE CIVILE I
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Delivery method
- Teaching methods
The knowledge of constitutional law and private law is required.
Halfway through the course, students who have attended at least 80% of lectures and seminars may take an open-ended question written exam on the first part of the course (general principles), the passing of which will allow students to take the oral exam only on the second part of the course, related to the functioning of the civil proceedings on the merit and the appeals system.
The course is aimed at offering to students a systematic and institutional comment to the rules contained in the code of civil procedure and devoted to general principles and to ordinary civil proceedings.
Special attention will be given to the principle and the constitutional guarantees of the “due process”, to the historical and systematic evolution of the guiding principles of the codification of 1942 and subsequent reforms (until the most recent reforms of 2015), as well as to the models of proceeding governed by our system of positive law and this in order to allow the student to achieve the interpretation data in order to develop critical abilities also with regard to updated case law which will be proposed during the course.
Students will be required to master the basic notions of civil procedure and have a thorough knowledge of the functioning of the first instance ordinary proceedings on the merit and of the appeals system and demonstrate that they have acknowledged the systematic and historical dimension of civil procedure.
Technical language of civil procedure in its domestic dimension and some comparative issues will be considered.
Students will be required to show they have acquired the ability to examine, on the basis of the principles and conceptual categories of procedural law, case law decisions that will be presented to them during lessons.
The course focuses on the study of the institutions and fundamental principles of the civil judicial protection, as well as the study of the rules governing the first instance civil proceedings on the merit and the appeals system.
The course is divided into two parts. The first part is devoted to the principles and general notions of the civil proceedings, to be found in the fundamental charters f rights and in the Book I of the code of civil procedure. In particular, the following themes will be explained and discussed: (i) the judicial protection of rights; (ii) the constitutional and supranational principles; (iii) the jurisdiction and the competence; (iv) the judge, the parties and the legal counsels; (v) the complex proceedings from a subjective and objective point of view; (vi) the action and the defenses of the defendant; (vii) the services; (viii) the res judicata and its limits; (ix) the costs and the responsibility of the proceedings; (x) the pleadings and the nullity.
The second part of the course is instead focused on the study of the civil proceedings, its different phases and the appeals system. in particular: this part of the course covers: (i) the introductory phase of the proceedings; (ii) the evidence taking phase of the proceedings; (iii) the single means of evidence; (iv) the abnormal events; (v) the decision and its effects; (vi) the ordinary and extraordinary appeals
1) F.P. Luiso, Diritto processuale civile, Giuffrè, vol. I e II, ult. ed. or
2) C. Mandrioli, Diritto processuale civile, a cura di A. Carratta, Giappichelli, vol. I e II, ult. ed. or
3) E.T. Liebman, Manuale di diritto processuale civile, Principi, Giuffrè, ultima ed. and G. Tarzia, Lineamenti del processo civile di cognizione, Giuffrè, ult. ed.
The course will take place in the first semester and will consist of 60 hours of lectures, with the aid of slides. The explanation of theoretical concepts will be integrated with case law, facilitating the interaction between the professor and the students.