DIRITTO PROCESSUALE CIVILE PROGREDITO

Degree course: 
Corso di Long single cycle degree (5 years) in Law - Como
Academic year when starting the degree: 
2019/2020
Year: 
3
Academic year in which the course will be held: 
2021/2022
Course type: 
Supplementary compulsory subjects
Seat of the course: 
Como - Sant'Abbondio
Credits: 
8
Period: 
Second semester
Standard lectures hours: 
50
Detail of lecture’s hours: 
Lesson (50 hours)
Requirements: 

The knowledge of the substantive law that is implemented in the proceedings and of the basic civil procedure law is essential.

Final Examination: 
Orale

Attendance of the course is necessary for its approach that presupposes an active participation of the student, called from the beginning to speak on the topics discussed in the classroom or however on the used platform and progressively evaluated in his constancy and commitment to follow the proposed path.
The final examination will consist of an interview on what had been done in the classroom and on the readings recommended during the lectures and seminars.

Assessment: 
Voto Finale

The course is devoted primarily to a student who wanst to develop a higher level of knowledge of civil justice. It is aimed at forming a greater awareness of the complexity of the subject in those who cultivate the vocation for one of the legal professions like the ones of judge, lawyer or notary or in any case for those who have an interest in the same.
The educational objective pursued is first of all that of making the student acquire a more extended cultural framework within which to insert the topic of justice, which goes beyond the purely technical approach to civil procedure law.
The second objective pursued by the course, of a more purely practical nature, is to bring the student, through a review of the conceptual categories learned in the courses of civil procedural law I and II, to take the first steps in learning how to draft court documents and opinions.

Consistently with the educational objective of the course, it will begin with some introductory lectures on the anthropological, philosophical and cultural meaning of the theme of justice, functional to overcome an exclusively technical approach to the subject.
This frame of reference will then become an opportunity to reflect on some central issues of the subject that in recent years posed questions to the case law itself and to constitutional judges, called to provide solutions that will be dialectically examined with the students to verify their shareability.
In the second part of the course the attention will be focused on the functioning of the civil proceedings through the drafting of briefs that will be an opportunity to review the conceptual categories learned in the courses of civil procedure law I and II.

Some introductory lectures of a cultural nature, in which the theme of justice will be approached with an interdisciplinary method, involving anthropology, philosophy, art, literature, will be followed by a technical-legal discussion of some specific themes that will have therefore a better framework. The identification of procedure principles, the theme of briefs and legal language, the issue of the grounds of the judgment and also other topics, will be addressed with an approach less conventional, but able to enrich them with new meanings, which will be discussed dialectically in the classroom with the students.
The most practical part of the course will be dedicated to the drafting methods for judicial briefs.

Maria Francesca Ghirga, La giustizia "piovuta" dal cielo. Riflessioni suggerite dalle Lezioni americane di Italo calvino, Giappichelli, 2021.
More didactical materials will be indicated at the beginning of the course.

Convenzionale

The course will take place in the second semester and will consist of 50 hours of lectures and seminars in a changeable quantity, depending on whether or not it will be possible to carry out the activities in presence.

The didactical materials will be indicated at the beginning of the course.

Other information
The teacher will receive the students after the lecture or on the basis of an appointment agreed by email on the indicated platform.