Learning outcomes of the course unit
The course ideally continues the teaching given during the Civil Procedure Law course and aims to deepen the institutions regulated in the third book of the Code of Civil Procedure, in order to provide students with specific knowledge and understanding about the judgment enforcement
Course contents summary
General profiles of judgment enforcement; enforcement proceeding and general principles of civil procedure; relationship between action and enforcement proceeding; declaratory action and executive action; aims and effectiveness of judgment enforcement; judicial orders and out of court orders; notification of the enforcement and precept; expropriation in general; seizure of property and its material effects; expropriation of personal properties from the debtor; expropriation of debtor’s personal properties from third parties; expropriation of real property; forced sale and its effects; assignment; intervention of creditors; disputes in connection with the distribution and the distribution of the revenue; expropriation of undivided properties; expropriation against the third owner; specific performance and the art. 614-bis c.p.c.; the oppositions (art. 615-622 c.p.c.); stay and extinction of the enforcement proceeding.
Recommended readings
C. Mandrioli - A. Carratta, Diritto processuale civile, XXV ed., vol. IV, Torino, Giappichelli, 2016 (Parte prima. Il processo di esecuzione forzata. Chapters I-II-III-IV-V-VI)
Teaching methods
Lectures
Assessment methods and criteria
Oral examination
