CIVIL JUDGMENT LAW
Learning outcomes of the course unit
At the end of the training activity, the student should have acquired knowledge and skills related to the main issues and the most important issues of civil judgement law. In particular, the student is expected to be able to:
1. know the legal provisions contained in the civil procedure code, the civil code and the special laws, concerning
the structure and the function of the enforced execution process; remember, from the teaching of Civil procedural law, the basic definitions and the general rules contained in the firs book of the civil procedural code;
understand the discipline of the civil judgement law and its relationship with the rules of civil law and general civil procedural law; read and understand a judgement; interpret the rules systematically, according to doctrinal and jurisprudential guidelines (knowledge and understanding skills);
2. apply interpretations acquired in concrete cases; be able to perform practical case studies through the techniques of legal argumentation, under the guidance of the Teacher (ability to apply knowledge and comprehension);
3. know how to analyze autonomously, critically, jurisprudential pronouncements and cases of reality through the process of interpretation of the fact and its legal qualification (autonomy of judgment);
4. be able to publicize the conclusions of their own analysis of the pronunciation and / or the concrete case, adequately motivating them on the basis of interpretative norms and guidelines (communicative abilities);
5. be able to link the different topics dealt with each other, with basic and related disciplines. For attending students, be able to act, if necessary, in a context of collective case study, knowing how to evaluate the various alternative solutions to different concrete situations (learning ability).
Students will be admitted to the exam only if they have previously passed Institutions of Private Law, Institutions of Roman Law, Civil Procedure exams and, for students enrolled in the first year since 2013/2014, Constitutonal Law.
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.
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)
Didactic activities will be conducted through oral frontal lessons, for a duration of 36 hours. During the lessons, focused, on the one hand, on the deepening of some institutions of the civil judgement law, the dialogue with the students will be privileged.
Assessment methods and criteria
The final evaluation takes the form of an oral exam with at least two questions, with reference to the suggested texts and the parts indicated. The final examination aims at assessing, whether the Student has knowledge and understanding of the institutes. The level of sufficiency will be reached, when the Student has demonstrated knowledge and understanding of the institutes as well as minimum application competencies. Below these thresholds, the examination will be insufficient. Voting of the oral test is communicated immediately at the end of the test.