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FUNDAMENTALS OF CIVIL TRIAL LAW

Degree course: 
Corso di Second cycle degree in ECONOMIA, DIRITTO E FINANZA D’IMPRESA (EDIFI)
Academic year when starting the degree: 
2024/2025
Year: 
1
Academic year in which the course will be held: 
2024/2025
Course type: 
Supplementary compulsory subjects
Language: 
Italian
Credits: 
6
Period: 
Second semester
Standard lectures hours: 
40
Detail of lecture’s hours: 
Lesson (40 hours)
Requirements: 

An institutional knowledge of private and public law is required, which is essential for a full understanding of the dialectical-argumentative logic that constitutes the peculiarity of the legal subject as opposed to the scientific one and which emerges in disputes in all its specificity

Final Examination: 
Orale

The learning assessment procedure consists of an oral examination, with a final mark awarded in thirtieths, on the programme.
There will be one question on general principles, one on the ordinary proceedings , one on appeals, executive and precautionary action.
The following in particular will be assessed: the ability to refer to the contents of the syllabus in a manner appropriate to the peculiarities of procedural law and with the use of appropriate language and argumentative skills.

Assessment: 
Voto Finale

The course is intended to offer an institutional framework of the civil trial that constitutes the procedural paradigm of reference for tax proceedings. In fact, it is established that ‘tax judges apply the rules of the aforementioned decree and, to the extent that they are not provided for and compatible with them, the rules of the Code of Civil Procedure’ (Art. 1, par. 2, legislative decree no. 546/92).
Special attention will be devoted to the principles of evidence phase, the ‘circulation’ of evidence, and the issue of res judicata.

The course is dealing with:
1. General principles. Judgment and trial. Sources. Jurisdiction. Limits of jurisdiction. Jurisdiction. Powers and responsibilities of the judge. Objection. Auxiliaries of the judge. Parties. Action. Public prosecutor. Parties and lawyers. Plurality of parties. Procedural deeds . Trial and proceedings. A. Time limits. Nullity of deeds.
2. Ordinary proceedings. Introduction of the case (writ of summons/complaint). Development of the case. Evidence phase. Decision of the case.
3. Appeals. Appeals in general. Individual grounds of appeal.
4. Notes on enforcement phase and on provisional measures.

The course takes place in the second semester through a total of 40 hours of lectures.
The course includes mainly theoretical lectures aimed at illustrating the principles and institutes of civil procedure law.

Professors

BINA MASSIMILIANO
FERRARI FRANCESCA

Borrowers