00233 - Civil Procedure Law (A-C)

Learning outcomes

 

The purpose of the course is to conduct the students to the knowledge of the notions and the essential institutes of the civil procedural law, with ample space devoted to the constitutional and general profiles of the jurisdictional guardianship. The treatment of the process of knowledge is deepened in first degree and in the following phases (appeal, applied for cassation), as well as of the executive trial and of the special procedures; the objective is to furnish an useful preparation also to the students that intend to devote, after the degree, to careers not specifically forensic but however connected to the judicial world

Course contents

First semester

 The trial and the jurisdictional activity. The alternative dispute resolution . The constitutional principles of the trial. The international papers. The civil jurisdictional activity. Knowledge and execution. The judicial initiative and the action. Trial presuppositions and conditions of the action. Interest to act. Constitutive elements of the question. The executive action. Defense and exception. The defense in the ordinary trial of knowledge, in the forced execution and in the special procedures. The motivation of the jurisdictional provisions. The formal defense: attorneys, lawyers and free patronage. The result of the trial. Science and ignorance of the judge. Notorious facts and rules of experience. Right and equity in the decision. The subjects of the trial. A) The judge. Jurisdiction. Competence. Litispendenza, continence, connection. The judge's assistants. B) Actor and agreement; the defenders and their duties. C) The District Attorney. The procedures. The connection. The plurality of parts in the trial. The trial actions. The typology of the trial actions. The invalidities of the trial actions. The judgement: subjective and objective limits. The judgement in the special procedures. The preclusions in the forced execution. The process of knowledge in first degree. The evidences. Appeals of sentences in general and in particular. 

Second Semester

Enforcement. The executive title and the precept. The process of forced expropriation: general rules, attachment, forced sale, assignment and distribution of the result; the creditors' contest. The execution for delivery and release. The execution of the obligations to do and not to do. The oppositions. The suspension and the extinction of the executive trial. Labour law proceedings. Procedure of injunction and for validation of eviction. Interim remedies in general (signs to the single ones). Dispositions common to the procedures in the Council Chambers. The recognition and the enforcement of the foreign sentences. The arbitration.

Readings/Bibliography

. G.F. RICCI,  Diritto processuale civile, 3 vol., Torino, 2012 , last ediction, adjourned with the reforms of the d.l. n. 83/2012 and of the l. n. 92/ 2012. The first two volumes must integrally be brought. Of the volume III, only the following chapters: from I to XIX (of the chapter XIX must be excluded the paragraphs 5 and 6); XXI, sez. 1° and 3°; XXVIII and XXX.

. Or, in alternative, BIAVATI, Argomenti di diritto processuale civile, Bologna, 2011, (provided that integrated with the trial dispositions of the d.l. 83/2012, n. 83 on the change of the appeal and the cassation and of the l. 92/2012, on the new procedure of the individual dismissals; it's possible to consult the free updates that will be published on the website www.buponline.com, in the section “teaching materials”

Teaching methods

In the I° semester, the course will integrally be developed by Prof. Ricci Albergotti (charged of the course). In the II° semester, to the lectures done by Prof. Ricci Albergotti ( charged of the course) , will follow a didactic form developed by a collaborator

Assessment methods

The exam can be taken only after having passed the exams of Diritto costituzionale and Diritto privato (Istituzioni di diritto privato).

The examination is exclusively developed in oral form and it consists in a series of questions on the matters of the course (normally no more than six questions), fit to verify the preparation of the candidate. Besides the knowledge of the juridical institute on which is in demand to the candidate to speak, the student must expose the subject in logical and rational way, showing to have understood the nature of the different juridical institutes. As far as possible, he proceeds according to a scheme of interrogation that departs from questions of general order to mostly land to specific questions. The candidate is allowed to withdraw from the examination in any moment, also to initiated interrogation, also with the purpose to reduce to the least one, in line with the circumstances of the case, the negative results of the examination.

Thesis of degree 

Exists a list of attended.

The assiduous frequency in the course and the seminars is preferential criterion. Procedure doesn't exist for the admission to the list of attended. The matter is select after an interview with the student, according to its propensities, in the limits of the matters that has not been assigned. The complete and correct paper must be delivers disguised as definitive to the Prof. Ricci Albergotti, at least 20 ggs. before the deposit in Reception office ( the University deadline).

Office hours

See the website of Gianfranco Ricci Albergotti

See the website of Mario Zoppellari