B1905 - DIRITTO PROCESSUALE CIVILE (PIANO ITALO-FRANCESE It)

Learning outcomes

The course aims to make students familiar with the basic aspects and institutions of civil procedural law.

Course contents

For the students attending the regular course, the program includes eight units:

a) Principles and basic concepts of civil procedural law;

b) First instance proceeding;

c) Appeals;

d) Enforcement;

e) Interim and special proceedings;

f) Labour law proceeding;

g) Mediation and conciliation;

h) Arbitration.

* * *

For the students attending the French Civil Procedure Law and Judicial System course and the French-Italian Civil Procedure Law course (10 credits), the program for the Italian module is as follows:

a) Principles and basic concepts of civil procedural law;

b) First instance proceeding;

c) Appeals.

* * *

For Socrates/Erasmus students (16 credits) the program is:

a) Principles and basic concepts of civil procedural law;

b) First instance proceeding;

c) Appeals;

d) Enforcement;

e) Simplified proceeding (so called 'procedimento semplificato')

f) Arbitration;

g) Interim proceedings;

h) Mediation and conciliation. 

* * *

For bachelor's degree graduates ('Laurea triennale') who enrolled in the master's degree program taking the integrative activity (M-Q letters only), or those who, although not bachelor's degree graduates, enrolled in the master's degree, (but have already taken the Civil Procedural Law exam-Part I) the program, starting from the 2024 summer session, is as follow:

a) Enforcement;

b) Interim and special proceedings;

c) Labour law proceeding;

d) Arbitration.

* * *

For three-year graduates of the Ravenna 'Operatore giuridico di impresa' course (letters M-Q) (7 credits) the program is as follows:

a) Appeals;

b) Enforcement;

c) Interim and special proceedings; 

d) Arbitration;

e) Mediation and conciliation.

* * *

For three-year graduates of the 'Consulente del lavoro' course (letters M-Q) (7 credits), the program is as follows:

a) Appeals;

b) Enforcement;

c) Interim and special proceedings;

d) Arbitration;

e) Mediation and conciliation.

 

Readings/Bibliography

 

The following textbooks are recommended:

For the students attending the regular course:

P. BIAVATI, Argomenti di diritto processuale civile, 6th edition, Bologna University Press, 2023 (902 pages).

It is also possible to use:

MANDRIOLI, CARRATTA, Corso di diritto processuale civile, 19th edition, editio minor, Giappichelli, 2023 (only pages 1-51, 99-328, 339-391) (915 pages).

It is suggested to purchase a code of civil procedure updated to 2024, which is an essential tool for those who want to follow the lectures, for example, C. FERRI, Codice di procedura civile e leggi collegate, Zanichelli, May 2024.

* * *

For the students attending the French Civil Procedure Law and Judicial System course and the French-Italian Civil Procedure Law course:

P. BIAVATI, Argomenti di diritto processuale civile, 6th edition, Bologna University Press, 2023, par. 1-68 (570 pages).

 

It is suggested to purchase a code of civil procedure updated to 2024, which is an essential tool for those who want to follow the lectures, for example, C. FERRI, Codice di procedura civile e leggi collegate, Zanichelli, May 2024.

* * * 

Socrates/Erasmus students:

Unless otherwise specified, depending on the needed number of credits, the program includes:

P. BIAVATI, Argomenti di diritto processuale civile, 6th edition, Bologna University Press, 2023 (902 pages).

 

It is suggested to purchase a code of civil procedure updated to 2024, which is an essential tool for those who want to follow the lectures, for example, C. FERRI, Codice di procedura civile e leggi collegate, Zanichelli, May 2024.

* * *

For three-year graduates of the Ravenna 'Operatore giuridico di impresa' course (letters M-Q):

P. BIAVATI, Argomenti di diritto processuale civile, 6th edition, Bologna University Press, 2023, par. 56-68, 74-108.

 

Teaching methods

Lectures will be done by prof. Carlo Rasia (charged of the course) and by prof. Brunella Brunelli (charged of the module).

Classes will be taught in the first and in the second semester. Students attending the course in 2024/2025 will be allowed to take the exam from May 2025.

During the lessons, questions and interventions of the students are welcome. Short seminars may be organized on demand.

In parallel to the lessons, on students' demand, one or more practices will take place face to face or online, lasting about 2 hours, consisting in the concise illustration of a topic by the teacher and in the delivering to the students of an open-ended question, in the drafting by students of a written text following the instructions set out above (within the time limits and according to the extension indicated by the teacher), finally in the self-correction by the students following a description by the teacher of the optimal methods and contents of the written answer, leaving the students time for questions and request for verification of any errors.

Frequency is strongly recommended.

Assessment methods

The oral exam is aimed at verifying the knowledge of the subject, the use of the correct terminology and the problem solving ability.

The students’ knowledge is assessed through a discussion, to evaluate the actual achievement of the learning outcomes. The exam consists in an interview with the appointed commission on the topics included in the programme.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking.

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.

Teaching tools

The teacher will use the e-learning Platform.

Office hours

See the website of Carlo Rasia