15390 - Civil Procedure Law I

Learning outcomes

The course has an institutional nature and aims at making the students achieve the basic systematic knowledge in relation to the judicial protection of rights and the use of the civil process as a tool for the implementation of such protection. Starting from the examination of the general principles of the subject, the analysis moves to the process of cognition, in its various articulations, and then to the executive protection and the so-called special procedures.

Course contents

The course constitutes the first part of the teaching of civil procedural law and is aimed at acquiring knowledge of the general principles regarding the judicial protection of rights and the ordinary cognition trial, including any appeal phases. Specifically, the program is divided into the following topics: general principles; ordinary proceedings; appeals.

Master's degree students who have taken the supplementary exam of “Diritto processuale generale” shall follow the standard exam syllabus.

Students who have taken the exam of “Diritto processuale generale” in the course of “Laurea triennale di Operatore giuridico di impresa” or exam of “Tutele Giurisdizionali” in the course of Laurea Triennale di G.i.p.a. or the equivalent exam of “Corso di Consulente del Lavoro Unibo”, need to supplement their civil procedural law activities: please, refer to the course webpage “Diritto processuale civile II (prof. M.A. Lupoi). 

Readings/Bibliography

The following texts are recommended:

P. BIAVATI, Argomenti di diritto processuale civile, Bologna, latest edition; for updates look on-line at www.buponline.com, in the section «materiali didattici», until including the chapter on appeals.

 

Teaching methods

Lectures will be done by prof. Elena Gabellini (in charge of the course) and by the designated holder of the teaching module.

Teaching will be divided into lectures, with presentation of the topics covered by the course, through the use of slides, examination of case law on specific issues and the analysis of judicial documents.

The course offers students the opportunity to draft short written opinions and to engage in written argumentation of the legal issues covered in the program, also in preparation of the final exam.

In the course of the lectures, therefore, exercises on the covered topics will take place.

In parallel with the lectures, there will also be one or more in-person exercises, lasting about 2 hours, consisting in: the concise illustration of a topic by the lecturer and the drafting of an opinion by the students, following the indications previously set out (within the timing and to the extent indicated by the person in charge of the exercise); finally the self-correction by the students, following a description by the lecturer of the optimal manner and content of carrying out the written response, leaving space for students to ask questions, elaborate, request verification of mistakes, if any.

Assessment methods

The final examination consists of a written test at the end of the course.

The end-of-course exam aims at verifying the achievement of the teaching objectives and the learning of the subject under examination, namely civil procedural law. Civil Code and Code of Civil Procedure (not annotated) are allowed.

The final examination consists of a written examination structured as follows:

part I) solution of a practical case in the form of an opinion (up to 10 points): duration 90 minutes. The use of the Civil Code and the Code of Civil Procedure (without commentary) is permitted.

Part II) two open-ended questions (up to 5 points per question): duration 40 minutes. Civil Code and Code of Civil Procedure (not commented) allowed

Part III) eleven multiple choice questions (each correct question is worth one point, no penalty for wrong answers): duration 22 minutes.

The result of the written test will be communicated within the following five days by means of a notice published on the teacher's web page. Within the following five days, the student may notify the teacher by email that he/she wishes to take an additional oral test to improve the result obtained in the written paper. Failing such communication, the result of the written test will be recorded.

Final dissertation: there is no waiting list for the granting of the dissertation. The title is decided together with the professor.

Teaching tools

The teacher will use the e-learning Platform and the student will thereby find all the material discussed and analyzed in class.

Office hours

See the website of Elena Gabellini

See the website of Gianni Ghinelli