Civil Procedure Law (2022/2023)
Scientific Disciplinary Sector (SSD)
IUS/15 - CIVIL PROCEDURAL LAW
The teaching is organized as follows:
1° periodo lezioni (1A), 1° periodo lezioni (1B)
2° periodo lezioni (2A)
The course aims at providing students with the tools necessary to analyse the general principles governing the discipline of the civil proceedings which find their basis in the Constitution and in the general provisions of the First Book of the Code of Civil Procedure. The course will enable students to comprehend the regime and the functioning of civil proceedings and means of redress. At the end of the course, students shall have the ability to formulate, in an autonomous and critical way, judgements and elaborated arguments on the main legal questions dealt with in class.
Prerequisites and basic notions
The exam of Private Law should mandatory be taken before the exam of Civil Procedure.
In any case, adequate knowledge of Constitutional Law is essential.
The course is divided into two modules:
- MM: UL1
The lessons of the first module will focus on the principles and the general rules of the Italian civil process.
- MM: UL2
The lessons of the second module will focus on the ordinary civil process, in first instance and on appeals.
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Traditional lectures, with possibility of students' questions.
The illustration of the principles and procedural institutes will be integrated with the examination of jurisprudential cases and with the aid of models of acts in the civil process.
Learning assessment procedures
The acquisition of learning outcomes is controlled with an oral examination. The exam consists of three questions relating to the the general principles, the process of cognition of first instance and the appeals/challenges.
Attending students can opt for two informal in itinere written examinations, immediately after the end of each module: the written test on the first module will focus on the general principles; the written test on the second module will focus on the process of cognition of first Instance. Each written test is conducted in 45 minutes on 30 multiple choice questions. In case of positive result, students may take the final oral examination only regarding the appeals/challenges. The final mark is expressed in thirtieths.
The mastery of notions; competence in the use of the specialized vocabulary; the ability to discursively organize knowledge; the ability to synthesize and reason; relevance to the demand; completeness with respect to the question; clarity of presentation.
Criteria for the composition of the final grade
The evaluation is overall, expressed in thirtieths.
In case of written examinations, the final grade is given by the average of the two grades and the grade of the final oral exam.