11935 - Civil Procedure Law II

Course contents

The course will be held in the second semester and is the natural development of the DPC I course.

It will be devoted to the study of enforcement, special proceedings, arbitration, and class actions.

Programme for students who have to integrate civil procedural law activities, having taken the examination of Tutele giurisdizionali in the G.i.p.a. three-year degree course or the equivalent examination of the Consulente del Lavoro Course BO:

Proceedings at first instance before the Tribunale (ordinary and simplified); appeals (general principles); individual means of appeal; enforcement, interim relief; national and European injunction proceedings; labour rite; proceedings in chambers and voluntary jurisdiction; recognition and enforcement of foreign judgments; arbitration and alternative methods of dispute resolution in the domestic and European context, class actions.

The examination will be taken with Prof. Lupoi', with the specification that the lessons on proceedings at first instance and appeals may be taken as part of the DPC I course.

Master's degree students who have taken the supplementary examination of General Procedural Law must bring the ordinary examination programme.

Teaching methods

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

In the course of the lectures, there will be exercises on the topics covered.

In parallel with the lectures, there will also be one or more face-to-face exercises, lasting approximately two hours, consisting of a brief illustration of a topic by the lecturer and the administration to the students of the text of an opinion that they will have to provide according to the instructions set out above (within the time limits and to the extent indicated by the person responsible for the exercise), lastly, in the self-correction by the students following the teacher's description of the best methods and content for the written answer, leaving the students room for questions, in-depth studies and requests for verification of any errors made.

See under tools

Assessment methods

The examination at the end of the course is designed to verify the achievement of the teaching objectives and the learning of the subject matter under examination, namely civil procedural law.

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.

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

Teaching tools

Supplementary theoretical-practical seminars will be organised throughout the semester.

Office hours

See the website of Michele Angelo Lupoi