20101112 - CIVIL PROCEDURE II

THE COURSE AIMS TO COMPLETE THE STUDY OF THE CIVIL PROCESS, INITIATED BY THE STUDENT IN THREE YEARS.
THE COURSE AIM TO COMPLETE THE STUDY OF THE CIVIL PROCESS, INITIATED BY THE STUDENT IN THREE YEARS. OBJECTS ARE EACH FORM OF JURISDICTIONAL PROTECTION IN SUMMARY PROCEEDINGS (DECISORY, PRECAUTIONARY, IN PRIVATE HEARING), PROVIDED BY CODE OF CIVILE PROCEDURE AND BY SPECIAL LEGISLATION, ARBITRATION AND ENFORCEMENT PROCEEDINGS.
scheda docente | materiale didattico

Programma

I. ENFORCED EXECUTION - 1. Enforced execution in general. -- 2. Enforced expropriation. - 3. Foreclosure. - 4. Forced sale and assignment. - 5. Intervention of creditors. - 6. Distribution of proceeds. - 7. Particular forms of expropriation. - 8. Execution in specific form. - 9. Indirect coercive measures. - 10. Cognition Incidents and executive oppositions. ¬ 11. Suspension and extinction of the enforcement process.

II. SUMMARY NON-INJUNCTIVE JUDICIAL PROTECTION - 1. Injunction proceedings. - 2. European order for payment procedure. - 3. Proceedings for validation of license or eviction. - 4. Proceedings for repression of anti-union conduct. - 5. Summary proceedings under art. 38 of the Gender Equality Code. - 6. Proceedings for fair compensation for the unreasonable duration of process. - 7. Proceedings for recognition of acquisition by adverse possession of small rural property.

III PROTECTIVE MEASURES. - 1. Seizures. 2. Complaints of new construction and feared damage. - 3. Extravagant protective measures. - 4. Urgent measures. - 5. Uniform precautionary proceeding. - 6. Preliminary evidence proceedings. - 7. Possession proceedings. - 8. Chamber proceedings.

IV. ARBITRATION AND JUDICIAL PROTECTION OF RIGHTS. - 1. Arbitration agreement. - 2. Arbitrators. - 3. Arbitration proceedings. - 4. Arbitration with multiple parties. - 5. Arbitrator’s measures. - 6. Appeals against the arbitral award. - 7. Non-ritual arbitration. - 8. Administered, special, foreign and international arbitrations. - Recognition and enforcement of foreign awards, judgments and measures.

V. COLLECTIVE PROCEDURES.


Testi Adottati

G. RUFFINI (a cura di), Diritto processuale civile, Il Mulino, Bologna 2024, volume III.

The consultation of an updated edition of the code of civil procedure including special legislation is essential.


Modalità Frequenza

Attendance is optional, but strongly recommended. In fact, in addition to promoting a more secure understanding of the subject, it allows a direct exchange with the teacher and between the students themselves.

Modalità Valutazione

The final exam consists of an oral examination aimed at assessing the level of knowledge achieved and the candidate's ability to reason and analyze. Questions will be asked on topics covered during the course or otherwise included in the program. The oral exam will be conducted in two phases. At the end of the first phase, the candidate who is not satisfied with their performance and grade may disclose their intention to withdraw