FUNDAMENTALS OF CIVIL TRIAL LAW
An institutional knowledge of private law and public law is required, which is essential for a full understanding of the dialectical-argumentative logic that distinguishes legal studies from scientific ones. This logic becomes particularly evident in conflicts, where it reveals its unique characteristics.
The assessment methods for learning consist of an oral exam, with the final grade given on a scale of thirty, based on the program. One question will be asked about general principles, one about the ordinary cognition process, one about appeals, executive action, or precautionary measures. The assessment will focus particularly on the ability to convey the program's contents appropriately, considering the peculiarities of procedural law and using appropriate language, as well as argumentative skills.
The teaching aims to provide an institutional framework of the civil process, which constitutes the procedural paradigm for reference in tax proceedings. In fact, it is established that "tax judges apply the rules of the aforementioned decree, and to the extent not provided for by them and compatible with them, the rules of the Code of Civil Procedure" (Article 1, paragraph 2, Legislative Decree No. 546/92).
Special attention will be devoted to principles related to evidentiary proceedings, the "circulation" of evidence, as well as the issue of res judicata.
The teaching covers the following topics:
General Principles. Judgment and process. Sources of law. Jurisdiction. Limits of jurisdiction. Competence. Powers and responsibilities of the judge. Recusal. Judicial assistants. Parties. Action. Public prosecutor. Parties and defenders. Multiple parties. Procedural acts. Process and procedure. Procedural acts. Time limits. Nullity of acts.
Ordinary Cognition Process. Introduction of the case (statement of claim/petition). Handling of the case. Evidentiary proceedings. Decision in the case.
Appeals. Appeals in general. Individual means of appeal.
Brief overview of executive action and interim protection measures.
The course takes place in the second semester and consists of a total of 40 hours of lectures. The teaching method primarily includes theoretical lessons aimed at explaining the principles and institutions of civil procedural law.