Learning objectives

The course is intended to provide the student with the knowledge of the fundamental institutes that regulate the functioning of civil proceedings.

At the end of the course, the student will be able to analyse and elaborate on the basic legal notions and rules of civil procedural law, as well to apply them to actual cases, using the appropriate and specific legal jargon, adopting correct lines of reasoning and argumentation, and formulating autonomous judgments.

Prerequisites and basic notions

The exam of Institutions of private law is preparatory to the exam of Fundamentals of civil procedural law.

Program

During the lectures (30 hours, 5 CFU) the following institutional topics will be treated:
- Civil procedural law and its regulatory principles
- The forms of protection of rights (cognitive, executive, precautionary)
- The actions of cognition ( mere assessment, conviction, constitutive)
- The petition
- The res judicata
- The defensive activities of the defendant (mere defenses, objections, counterclaims)
- Conditions for deciding on the merits of the dispute
- The joinder of parties
- Procedural acts
During the laboratory lessons (12 hours, 1 CFU), specific procedural issues from an operational point of view will be studied in depth, also with the help of experts.

Bibliography

Didactic methods

The course is divided into:
- 30 hours (5 CFU) of frontal lectures, of an institutional nature, dedicated to deepening the fundamental notions of the subject;
- 12 hours (1 CFU) of laboratory in remote mode, dedicated to the analysis, from an operational point of view, of specific procedural institutes.
The video recordings of the lessons will be available, upon request, only to students who are in particular situations of fragility due to conditions of disability or learning disabilities as well as to those in isolation due to Covid-19.

Learning assessment procedures

The exam takes place in oral form and consists in ascertaining the knowledge of the fundamental principles and norms regarding civil proceedings and the ownership of language. The exam is divided into three questions.
Only for ATTENDING STUDENTS, at the end of the course, there will be an optional written test consisting of 30 multiple choice questions. In the event of a positive outcome of the written test, the student may, at his request, carry out an additional oral test.
For attending students, in any case, the exam will focus on the classroom program only.
Erasmus students are invited to contact the professor to agree examination arrangements.

Evaluation criteria

During the exam, the evaluation will focus on: 1) the student's degree of knowledge of the institutes being studied; 2) the student's understanding of the main problems posed by Italian Civil Procedure; 3) the language ability of the student; 4) the critical ability that the student is able to exercise on relevant issues.

Criteria for the composition of the final grade

The final evaluation is expressed in a 0-30 scale.
For attending students who choose to take the written test, the final evaluarion is given by the evaluation of the written test. In case of subsequent (optional) oral integration, the final evaluation will be given by the evaluation obtained in the written test and by the evaluation in the final oral exam.

Exam language

Italiano

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