DIRITTO PROCESSUALE CIVILE II
- Overview
- Assessment methods
- Learning objectives
- Contents
- Full programme
- Delivery method
- Teaching methods
- Contacts/Info
The Knowledge of general institutions, conceptual categories as well as the technical language, acquired attending the course of civil procedure I, is essential to profitably approach the matter. It presupposes in general the knowledge already requested for the course of civil procedure I. It is also necessary the knowledge of private law institutes.
The knowledge is assessed in oral form.
The oral exam concerns both the parts of the program; the exam concerns two or more open questions according to the “upside down cone” (two or more general questions and few more specific questions). The final score will be expressed with an assessment of thirty; exam will be approved with a minimum mark of 18/30 on all the questions proposed.
Learning assessment will focus: the knowledge of the institutes; the ability to express in correct and logical form, through a technical language; the ability to propose interpretative solutions critically reasoned.
During the exam, the consultation of the legal texts is permitted.
At the end of the course, at teacher choice, a written test may be submitted to students on one of the two parts of the course, the passing of which will allow students to take the oral exam only on the other part of the course; taking the written exam is at student’s choice.
The course offers student a complete picture of civil procedure through the study of special proceedings and, therefore, of books III end IV of the code of civil procedure. It is devoted to the study of other models of judicial protection, in addition to the cognition learned in the first course, and thus to the enforcement procedure and to the provisional measure system. Being an advanced course, civil procedure will be presented according to more articulated methodological lines, aimed at causing students to develop their critical thinking and ability to argue, in order to learn how to propose legal solutions to solve specific problems. In this perspective, case law on specific issues will be analysed during the course.
The course also aims, compatibly with the didactic needs, to introduce students to the analysis of concrete legal cases to develop their argumentative skills and to the use of one or more legal databases for the retrieval of normative sources, jurisprudential and doctrinal materials. These activities are part of a training course aimed at providing each student with useful skills to develop the skills of interpretation and application of law, required by the world of professions.
The assessment of the students’ learning, which may be performed also in writing at the end of the course, will consist in the request to answer open-ended questions; the assessment is in itself functional to the development of the capabilities mentioned above and, therefore, to encouragement for the development of logical-legal skills necessary for the solution of specific issues.
The course is divided in two parts.
Part A): the study of the general principles of enforcement procedure, the regulation of the specific enforcement proceedings, of the astreintes and of the cognition proceedings of opposition to enforcement activity (approximately 22 hours);
PART B): the study of the summary proceeding on the merit, injunction proceeding, eviction validation proceedings; provisional measure system and some special measures (approximately 13 hours).
For students who have to take the exam of advanced procedural law OLD SYSTEM (8 c.f.u.), the program is the same, to which must be added (in the part relating to special proceedings) the study of the possessory proceedings and complaints of new work and feared damage.
See section Contents
Lectures
a) Students are recommended to sign up on e-learning university platform in order to receive all the communications needed to take part to the online lessons (including, as the case may be, the Teams link)
b) Meetings student-professor: see professor’s personal web page.
c) Professor’s e-mail: alessandro.motto@uninsubria.it
d) During the academic year tutoring will be provided to students facing difficulties with the subject and in order to finalize the skills before the examination.