The introduction of information and communication technologies (ICTs) in the civil process has led to new methods of drafting, communicating, servicing, filing, storing, consulting and copying procedural documents. At present, the numerous and evolving rules governing the use of ICTs in the civil process are found in regulatory texts which are scattered at various levels of the legal system and are not adequately coordinated. The objective of this course is to assess the extent to which these rules have affected both the form of procedural documents, and the relationship between the form, the aim, and the validity of such documents. The teaching will pay particular attention to both the interpretation and the jurisprudential application of these aforementioned rules.
scheda docente
materiale didattico
2. Nullity of Procedural Acts (General characteristics. Relevance of nullity. Achievement of the purpose of the act and irrelevance of nullity. Relative nullities. Nullities that can be detected also ex officio. Principles of extension of nullities and preservation of procedural acts. Renewal of null act. Issues of nullity and conversion of nullities into grounds for appeal. Nullity of notification. Nullity and related concepts).
3. Evidence (Acquisition of documentary evidence. Evidentiary incidents related to documents. Digital aspects of evidentiary procedure. Evidentiary procedure concerning digital objects).
G. RUFFINI (editor), Civil Procedural Law, Il Mulino, Bologna 2023, Volume I, Chapters 7, 8, 16.
G. RUFFINI (editor), Telematic Process in the Civil Procedural Legal System, Giuffré, Milan 2019, Chapters 1, 4, 5.
The consultation of an updated edition of the code of civil procedure including special legislation is essential.
Programma
1. Acts of Civil Procedure (Identification. Characteristics. Classification. Written acts, oral acts and material activities. Forms of procedural documents and "telematic process". Digital acts, analogic acts, and mixed acts. Copies and duplicates of documents. Deadlines. Place of completion of the procedural documents. Paper-based hearing and videoconference hearing. Communications and notifications. Telematic court communications and notifications. The power of notification of the bailiff and the lawyer. The traditional notifications of the bailiff. The electronic notifications of the bailiff. The analogic notifications of the lawyer. The electronic notifications of the lawyer. Special forms of notification. Telematic filing. The electronic dossier of procedural documents).2. Nullity of Procedural Acts (General characteristics. Relevance of nullity. Achievement of the purpose of the act and irrelevance of nullity. Relative nullities. Nullities that can be detected also ex officio. Principles of extension of nullities and preservation of procedural acts. Renewal of null act. Issues of nullity and conversion of nullities into grounds for appeal. Nullity of notification. Nullity and related concepts).
3. Evidence (Acquisition of documentary evidence. Evidentiary incidents related to documents. Digital aspects of evidentiary procedure. Evidentiary procedure concerning digital objects).
Testi Adottati
One textbook to be chosen from the following:G. RUFFINI (editor), Civil Procedural Law, Il Mulino, Bologna 2023, Volume I, Chapters 7, 8, 16.
G. RUFFINI (editor), Telematic Process in the Civil Procedural Legal System, Giuffré, Milan 2019, Chapters 1, 4, 5.
The consultation of an updated edition of the code of civil procedure including special legislation is essential.
Modalità Erogazione
The course will be conducted in the first half of the first semester (from October to November), through in-person lectures. A total of 40 hours of lessons are planned.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 exam consists in an oral inquiry aimed at assessing the level of knowledge reached by the student and the ability to reason and analyze; questions will be based on topics covered during the course or included in the program. The oral exam is conducted in two phases. At the end of the first phase, a candidate who is not satisfied with their performance may choose to withdraw.