Civil procedure attends to dynamic field of judicial experience; the one is affirming the existence of rights, the other is their effective being and peaceful practice. Whether a right is denied or its practice is forbidden, we need effective redress devices. Civil procedure attends to relationships between claimant and defendant. Before studying how proceedings are regulated, however, we need to describe the aim which they can pursue, that is protection forms, which overlap to different kinds of manageable action. We need to specify prerequisities of Courts before which the proceedings is brought, as well as qualities of parties involved in the proceedings, and devices that each of them can use. These general topics concern the first part of the course. In the second and third part we will examine rules of ordinary proceedings before lower courts and appeals.
scheda docente
materiale didattico
II. ORDINARY PROCEEDING. 1. - PRESENTATION OF THE PLEADINGS; 2. - EVIDENCE GATHERING. 3. - KINDS OF PROOFS AND EVIDENCES RULES. 4.- THE STATEMENT. JUDGEMENTS. DEFINITIVE AND NOT-DEFINITIVE JUDGEMENTS. FORMAL AND SUBSTANTIAL RES IUDICATA. 5. - UNUSUAL EVENTS OF PROCEEDING. 6. - PROCEEDING BEFORE MONOCRATIC COURT AND BEFORE HONORARY JUDGE (GIUDICE DI PACE).
III. SPECIAL PROCEEDING. 1. - PROCEEDING OF LABORAL CLAIMS. 2. - PROCEEDING OF STATUS OF INDIVIDUALS, MINORS AND FAMILIES. 3. - PROCEEDING OF DIVISION OF COMMON PROPERTY.
IV. APPEALS: 1. - GENERAL OVERVIEW. 2. - CLASSIFICATION; 2.1. - APPEAL. 2.2. - APPEAL BEFORE THE SUPREME COURT OF CASSAZIONE. 2.3. REVISION: 2.4. THIRD PARTY OPPOSITION.
- A. CARRATTA, Codice di procedura civile ragionato, last edition
Programma
I. GENERAL PART: 1. - CONSTITUTIONAL PROCEDURAL PRINCIPLES: «DUE PROCESS OF LAW». 2. - JURISDICTIONAL FUNCTION. FORMS OF JURISDICTIONAL PROTECTION. 3. CONSTITUTIONAL RIGHT OF ACTION. 4. - CONDITIONS OF PROCEEDING AND CONDITIONS OF ACTION. 5. - JUDGE. JUDGES POWER (JURISDICTION) AND REGULATION OF JURISDICTION. CHOOSING THE FORUM AND APPEAL TO REGULATE FORUM. MODIFICATIONS OF FORUM BECAUSE OF CONNECTION AMONG CLAIMS. AUXILIARIES OF THE JUDGE. 6. - PARTIES. CAPACITY. STANDING TO SUE: NECESSARY JOINDERS; INTERVENTION; THE PUBLIC PROSECUTOR. COLLECTIVE REDRESSES (CLASS ACTIONS AND COLLECTIVE ACTIONS); 7. - PLEADINGS AND COSTS.II. ORDINARY PROCEEDING. 1. - PRESENTATION OF THE PLEADINGS; 2. - EVIDENCE GATHERING. 3. - KINDS OF PROOFS AND EVIDENCES RULES. 4.- THE STATEMENT. JUDGEMENTS. DEFINITIVE AND NOT-DEFINITIVE JUDGEMENTS. FORMAL AND SUBSTANTIAL RES IUDICATA. 5. - UNUSUAL EVENTS OF PROCEEDING. 6. - PROCEEDING BEFORE MONOCRATIC COURT AND BEFORE HONORARY JUDGE (GIUDICE DI PACE).
III. SPECIAL PROCEEDING. 1. - PROCEEDING OF LABORAL CLAIMS. 2. - PROCEEDING OF STATUS OF INDIVIDUALS, MINORS AND FAMILIES. 3. - PROCEEDING OF DIVISION OF COMMON PROPERTY.
IV. APPEALS: 1. - GENERAL OVERVIEW. 2. - CLASSIFICATION; 2.1. - APPEAL. 2.2. - APPEAL BEFORE THE SUPREME COURT OF CASSAZIONE. 2.3. REVISION: 2.4. THIRD PARTY OPPOSITION.
Testi Adottati
- C. MANDRIOLI-A. CARRATTA, Diritto processuale civile, last edition;- A. CARRATTA, Codice di procedura civile ragionato, last edition