The course is based on the study of the principles of civil procedure law and of the different forms of jurisdictional protection of rights in civil matter in the Italian legal order.
Through a reasoned scrutiny of the law in force and of the jurisprudence’s interpretative criteria, the analysis of the general provisions will be provided and the discipline of both the ordinary proceedings before the lower courts and the appeals will be gradually exposed.
Through a reasoned scrutiny of the law in force and of the jurisprudence’s interpretative criteria, the analysis of the general provisions will be provided and the discipline of both the ordinary proceedings before the lower courts and the appeals will be gradually exposed.
scheda docente
materiale didattico
In the course of the academic year, after the publication of volume III, the chapters of the textbook that are not part of the examination programme will be indicated.
Programma
General Part. Jurisdiction. Substantive law and process. Civil jurisdiction. State jurisdiction and private jurisdiction. The different forms of judicial protection of rights. The action. The general and constitutional principles inherent in judicial protection. The parties: capacity, legitimation. The advocate. The public prosecutor. The judges. Jurisdiction and competence. Procedural acts, court orders and nullities. Time limits, communications and notifications. Costs. Subject matter of proceedings and res judicata. Lis pendens, continence and connection. Plurality of parties. Evidence. The process. The structure and stages of the trial at first instance: introduction, handling and instruction, decision. The ordinary trial. Anomalous proceedings. Special full-cognizance trials. Appeals. Framework and classifications. Time limits, legitimacy and interest. General provisions. Appeal. Appeal on cassation; judgment on reference. Revocation. Third-party proceedings. Special proceedings. Summary proceedings. Non-cautionary summary proceedings. Provisional summary proceedings. Enforcement proceedings. Framework and prerequisites. Enforcement title and precept. Enforced expropriation. Execution in specific form. Oppositions.Testi Adottati
Diritto processuale civile, a cura di G. Ruffini, Il Mulino, Bologna, 2023 (vol. I) - 2024 (vols. II e III, forthcoming).In the course of the academic year, after the publication of volume III, the chapters of the textbook that are not part of the examination programme will be indicated.
Modalità Valutazione
Oral test with examination questions on general provisions, cognitive protection including appeals, special proceedings, precautionary protection and enforcement.