00233 - Civil Procedure Law (A-C)

Learning outcomes

At the end of the course, a student will acquire in-depth knowledge of civil procedural law institutions, with particular attention to the process, the enforcement , special proceedings, mediation and arbitration, along with notions of the judicial system and legal ethics.

Course contents

The program is structured around the following topics: General principles. The conflict resolution system. Mediation. Jurisdiction and its limitations. Declaratory, constitutive, and condemnatory measures. Legal action. The acting conditions. The defendant's defenses. Res judicata and its limits. Types of proceedings. The judge. Jurisdiction. The public prosecutor. The parties and their defenders. Liability for costs and damages. Joinder of parties. Intervention in the case. Succession in the process. The parties' actions. The judge's orders and decisions. Communications and notifications. Time limits and nullity of procedural acts. European rules in civil procedural law (first semester).

The first instance process. Determining the subject matter of the dispute. The judge's perspective on law and fact. Burden of proof. Evidence in particular. The conduct of the process. Interim orders. The judge's decision and its enforceability (first semester).

Appeals against the judgment in general. Appeal; cassation; revocation; third-party opposition (first/second semester).

Special models. Family law proceedings. Labor disputes. The simplified process (second semester).

Enforcement. The enforcement order and the injunction. General rules, forced sale and assignment, distribution, creditors competition. Types of enforcement. Oppositions. Suspension and termination of the enforcement process (second semester).

Interim and possessory proceedings (second semester).

Special proceedings. The injunction procedure. Lease proceedings. In-chambers proceedings (second semester).

Arbitration (second semester)

Students who have taken or included in their study plan the course on Domestic and International Arbitration Law can exclude arbitration from the exam program. Similarly, students who have taken or included in their study plan the course on European Union Procedural Law can exclude European rules on civil procedure from the exam program. The inclusion in the study plan of the aforementioned complementary subjects and the commitment to take the related exam will be self-certified by the students at the time of the exam. Those wishing to deepen their knowledge of conflict resolution techniques through laboratory teaching methods can include in their study plan the course on mediation and negotiation techniques, with a final simulation and possible participation, for those who wish, in the CIM (Milan Arbitration Chamber competition); participants can exclude the related topics from the exam program. For details, see prof. Elena Gabellini's page. They may also participate in a one-day arbitration seminar-laboratory, consisting of a simulation of a sports case, to be discussed before an arbitration panel; for details, see Prof. Carlo Rasia's page.

Readings/Bibliography

For the Master's Degree (Letters A-C)

P. BIAVATI, Argomenti di diritto processuale civile, Bologna, latest available edition; updates are periodically published on the website www.buponline.com, in the "materiali didattici" section.

Alternatively

MANDRIOLI, A. CARRATTA, Corso di diritto processuale civile, editio minor, latest available edition, Giappichelli, Volumes I, II, and III (in the latter volume, the following sections are excluded: third section of Chapter II; Chapter IV; Chapter XV).

Other manuals may be adopted: the instructor is available for advice on the selection.

Additional teaching materials are available on "Virtuale" and will be used during lessons for exercises, in-depth studies, and laboratory activities.

Constant reference to the normative text is important, and for this purpose, the updated code of procedure published by Bononia University Press, 2023, edited by F. CARPI and C. GAMBA, is suggested.

For foreign students in the Erasmus, Socrates, or Tempus programs, the same programs apply depending on the chosen course of study and the credits to be obtained, except for specificities to be agreed with the instructor.

The program comes into effect from the summer session of 2025 and will also apply to four-year Vod/Nod students (A-C).

For Bachelor's Graduates Enrolled in the Master's Program (Letters A-C)

Graduates from the bachelor's program who are enrolled in the master's program and need to complete the supplementary activity (only letters A-C), or those who, although not bachelor's graduates, have transitioned to the master's program and have already passed an exam on the general principles of the process, may take the exam, starting from the summer session of 2017, on the following texts:

P. BIAVATI, Argomenti di diritto processuale civile, Bologna, latest available edition, Chapters III, IV, V, VI, VII;

Alternatively

C. MANDRIOLI, A. CARRATTA, Corso di diritto processuale civile, editio minor, latest available edition, Giappichelli, Volume III (in the latter volume, the following sections are excluded: third section of Chapter II; Chapter IV; Chapter XV).

Additional teaching materials are available on "Virtuale" and will be used during lessons for exercises, in-depth studies, and laboratory activities.

Teaching methods

The lessons will be conducted by Prof. Elena Zucconi Galli Fonseca: attendance is strongly recommended.

The teaching will be organized into a systematic presentation of the course topics, using diagrams and slides, followed by the examination of case law on individual issues and the analysis of judicial acts, as well as in-depth studies on specific topics, with the aid of multimedia materials. Active participation of attendees is expected, with the formation of working groups, presentations to the class on specific topics or case law, workshops for drafting judicial acts, and case analysis. Special teaching methodologies such as the use of concept questions and flipped classroom will be employed; some hours will be dedicated to "active" review of the topics covered.

Students will be able to revisit what was covered in class through enrollment in the virtual course in e-learning mode, organized by individual topics, to which the relevant materials, references to textbook pages, some useful in-depth studies, self-assessment tests, surveys, and more are attached.

In the second semester, a mock trial will be organized, supervised by qualified tutors.

In parallel with the lessons, one or more exercises will be conducted in person or online, consisting of a brief presentation of a topic by the instructor and the administration of an open-ended question to students. Students will then write a text following the previously explained guidelines (within the time limits and extension indicated by the exercise supervisor), followed by self-correction based on the instructor's description of the optimal methods and content for answering the written question, leaving room for students' questions, in-depth studies, and requests for verification of any mistakes made.

The lessons will be held in the first and second semesters, and therefore those who obtain the attendance certificate in the current academic year will be able to take the exam starting in May.

Assessment methods

Oral examination

The exam will focus on the topics indicated in the "Course contents" section.


The evaluation of the test will be carried out taking into consideration:


• knowledge of institutional profiles • ability to analyze the jurisprudential and doctrinal guidelines; • ability to make connections between the different parts of the program; • ability to develop critical arguments; • articulation of the exposure; • exposure accuracy

By way of example, the following criteria will be used to assign the final mark (that will be out of 30/30):

- knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19/30;

- knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;

- comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;

- extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.

Thesis

Frequency is a preferential criteria: the argument will be chosen after a meeting with professor Elena Zucconi Galli Fonseca.

Teaching tools

The lessons will be supported by teaching materials, slides, court rulings, and other multimedia materials. For further details, please refer to the paragraph on "teaching methods."

The lesson outline and all materials are accessible through the virtual course, which also allows for active participation in exercises, self-assessments, and other activities as they are announced.

Students who, due to disabilities or specific learning disorders (DSA), require compensatory tools, can inform the instructor of their needs so that they can be directed to the appropriate contacts and agree on the most suitable arrangements.

Office hours

See the website of Elena Zucconi Galli Fonseca