DIRITTO PROCESSUALE CIVILE I
- Overview
- Assessment methods
- Learning objectives
- Contents
- Full programme
- Bibliography
- Delivery method
- Teaching methods
- Contacts/Info
The knowledge of constitutional law is necessary to grasp not only the principles governing the matter, but also the role of the judge and the importance of judicial function.
The knowledge of the substantive law that is implemented in civil proceedings is also essential.
If the regulations and rectoral and departmental prescriptions allow the examinations to be held in attendance, students will be given the opportunity to take a written test on the first part of the program in the middle of the course. This is an opportunity to test the acquisition of the correct studying method of the subject and the skills to deal with a legal discourse grounded also in writing, and is therefore recommended to all, even if it is a right and not an obligation for the students.
Students will be asked open-ended questions (usually three questions about general institutes of the code). It will also be permitted to use the Civil Procedure code to make it clear that what is required is not a mnemonic study of the subject, but the ability to interpret and arrange the rules within a conceptual framework. The passing of the written test, to which will be attributed a judgment that leaves room to modulate the final examination grade, expressed in thirtieths, will allow the student to attend the oral test being examined only on the second part of the program. However, in case of passing the written test, students can renounce to the written test and take the oral test on the entire examination program.
The verification of the subject learning will focus on the acquisition of the involved technical language and on the ability to reason with the conceptual categories illustrated, after verifying their assimilation. The judgement will be more positive when the student demonstrates that he or she has tried to understand the logical links that govern the discipline and make it an ordered system of rules.
At the end of the course the student must have acquired the technical language implied by the subject and the ability to reason with the proposed conceptual categories, within the regulatory framework of reference. In particular, he or she will have to know the principles and institutes of the general part and the functioning of the ordinary proceedings in its different phases and degrees and therefore, in addition to the constitutional principles, the I and II book of the Civil Procedure code. This knowledge is necessary to be able to deal in the fourth year with the course of Civil Procedure Law II, in which the subject will be proposed with a different methodological approach, more focused on the development of critical skills, needed to offer reasoned solutions to the problems rising from the legal practice.
The course aims to offer student an approach to civil procedure law that allows him/her to grasp its nature as a systematic discipline, organized on the basis of conceptual categories, allowing him/her to appreciate its logical strictness. On the other hand, the subject will be presented as a different perspective through which to look at the substantive law, in order to enhance the close links between the two disciplines, which need each other to be well understood. The illustration of the regulatory framework of reference, consisting of the Civil Procedure code, will be preceded and supplemented by constitutional and supranational principles knowledge, in a review of the sources of law and of the relationships among the different Courts.
The course will begin with some introductory lessons necessary to progressively approach the subject, which will offer hints on the history of the administration of civil justice, also in a comparative key, and of codifications in procedural matters, useful to appreciate the most recent choices of the legislator. This introduction of a cultural nature will be followed by a more exquisitely technical and juridical discussion of the subject. It will be organized in a first tranche dedicated to constitutional principles and to general part institutions ruled in the first book of the Civil Procedure code, including the theory of the judiciary. In the second part of the course the attention will be focused on the functioning of the ordinary civil proceedings, on its different phases, introductory, preliminary and decision making. Then the system of appeals against the judgement closing the proceedings will be illustrated.
The advised textbooks to be chosen by the student are:
1) F.P. Luiso, Diritto processuale civile, Giuffrè, vol. I and II, last edition
2) C. Mandrioli, A. Carratta, Diritto processuale civile, Giappichelli, vol. I and II, last edition
Students who will regularly attend lectures will be able to choose, as an alternative to the abovementioned textbooks, to adopt the following ones, which complement each other, and both should be studied:
3) E.T. Liebman, Manuale di diritto processuale civile, Principi, Giuffrè, last edition and G. Tarzia, F. Danovi, Lineamenti del processo civile di cognizione, Giuffrè, last edition or as an alternative the second volume of the above mentioned textbooks.
4) E. Merlin, Elementi di diritto processuale civile, Pacini Giuridica, 2017 and G. Tarzia, F. Danovi, Lineamenti del processo civile di cognizione, Giuffrè, last edition or as an alternative the second volume of the above mentioned textbooks.
The course will take place in the first semester and will consist of 50 hours of lectures.
The teacher will receive the students after the lecture or by appointment agreed by email or on the indicated platform in case lectures will not be held in presence.