DIRITTO PROCESSUALE CIVILE PROGREDITO

Degree course: 
Corso di Long single cycle degree (5 years) in Law - Varese
Academic year when starting the degree: 
2020/2021
Year: 
3
Academic year in which the course will be held: 
2022/2023
Course type: 
Supplementary compulsory subjects
Seat of the course: 
Varese - Università degli Studi dell'Insubria
Language: 
Italian
Credits: 
8
Period: 
Second semester
Standard lectures hours: 
50
Detail of lecture’s hours: 
Lesson (50 hours)
Requirements: 

Essential is the knowledge of the substantive law that is implemented in the civil proceedings and of the contents of civil procedural law I and II courses. It is preferable that the student also have a knowledge of business law.

The examination will be oral.

Assessment: 
Voto Finale

The course is aimed primarily at the student who intends to develop a higher degree of knowledge of civil justice. The course aims in particular to examine the procedural regulation of disputes involving corporations (business justice) and this not only in a domestic perspective, but also at supranational level.
The frame of reference of the so called “business litigation” will become actually the occasion to reflect on some central themes of the subject that have placed in the most recent years questions to the scholars and to the judges, called to give solutions that will be dialectically examined with the students to verify the possibility to share them.

The course will begin with a series of lectures aimed at highlighting the main innovations of the Cartabia Reform, which will be followed by an introductory lecture aimed at identifying the business activity between law and process. This will be followed by a discussion of a number of specific issues relating to civil procedural law within the context of business litigation and, in particular, the following issues will be considered: the principle of the natural judge and the specialized divisions; the relationship between the ordinary judicial authority and the independent authorities; the legitimation ad causam act and the plurality of parties in business litigation; the class action; the peculiarities of the taking of evidence, of the provisional measures and of the forced enforcement proceedings in the already outlined context; the supranational profiles that characterize a multiplicity of business litigations; the ADRs and their functioning in the above context.
The issues will be addressed with an approach aimed at enriching them with new meanings using to this end both witness testimonies from the academic and professional world and a dialectical approach with students aimed at allowing them to critically examine previous case law, as well as scholars’ essays.

Convenzionale

The course will consist of 50 hours of face-to-face and seminar lectures.

The recommended text is A. Giussani, Corso di diritto processuale delle imprese, Bologna, 2015 and the teaching materials (articles of doctrine and case law precedents) that will be indicated during the lecturing

Professors