DIRITTO PROCESSUALE CIVILE I
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Delivery method
- Teaching methods
- Contacts/Info
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.
Knowledge of the substantive law that is implemented in the 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 method of studying the subject and the skills to deal with a legal discourse also in writing, and is therefore recommended to all, even if it is a right and not an obligation for students.
Students will be asked open-ended questions (usually three questions about general part 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 to present to 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 control related to the learning of the subject 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 norms.
The course aims to offer students an approach to civil procedural law that allows them to grasp its nature as a systematic discipline, organized on the basis of conceptual categories, allowing them to appreciate its logical rigor. On the other hand, the subject will be presented as a different perspective through which to look at substantive law, to enhance the close links between the two disciplines, which need each other to be well understood. The explicatiom of the normative framework of reference, constituted by the code of civil procedure, will be preceded and integrated by the knowledge of constitutional and supranational principles, in a review of the sources of law and the relationships between the different Courts.
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 procedural code. This knowledge is necessary to be able to deal in the fourth year with the course of Civil Procedural Law II, in which the subject will be proposed with a different methodological approach, more focused on the develpment of critical skills, necessary to offer reasoned solutions to the problems arising by the application legal practice.
The course will begin with some introductory lectures 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 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 general party institutions governed by the first book of the Code of Civil Procedure, including the theory of the judiciary. In the second part of the course the attention will be focused on the functioning of the civil proceedings, as an ordinary model of protection, on its different phases, introductory, preliminary and decision making. Then it will be illustrated the system of appeals against the judgment with which the proceedings are closed.
The following manuals are at the student's choice:
1) F.P. Luiso, Diritto processuale civile, Giuffrè, vol. I e II, ult. ed.
2) C. Mandrioli, A. Carratta, Diritto processuale civile, Giappichelli, vol. I e II, ult. ed.
Students who will regularly attend classes 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, ultima ed. e G. Tarzia, F. Danovi, Lineamenti del processo civile di cognizione, Giuffrè, ult. ed. or alternatively the second text of the above mentioned manuals
4) E.Merlin, Elementi di diritto processuale civile, Pacini Giuridica 2017 e G. Tarzia, F. Danovi, Lineamenti del processo civile di cognizione, Giuffrè, ult. ed. or alternatively the second volume of the above mentioned manuals.
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.