CIVIL PROCEDURE LAW
Learning outcomes of the course unit
Knowledge of civil procedure, with regard to institutional and organisational aspects of the legal systems and with regard to the fundamentals of domestic and international arbitration law and civil enforcement law.
In order to sit the civil procedure law examination, students must have passed the Institutions of private law and Institutions of Roman law examinations.
Course contents summary
These are divided into two levels: the first covers general knowledge of civil procedure and of the civil proceedings concepts of cognizance and enforcement, of settlements by arbitration and of special procedures, through careful reading of the standard code of procedure and its institutional context. The second level focuses on more in-depth knowledge of the various parts of this subject, which has been strongly affected by recent legislative amendments, which are systematically treated in the course of the lessons: jurisdiction, competence, documents instituting proceedings, exceptions and counterclaims, parties, pleadings, sentences in the first instance, general procedure regulating appeals, appeals, sentences of the supreme court, revisions.
Giampiero BALENA, Elementi di diritto processuale civile, 1st and 2nd vols, Cacucci, Bari, 2006, in its entirety, also: Crisanto MANDRIOLI, Diritto processuale civile, 3rd and 4th vols, Giappichelli, Torino, 2006, in connection with the following topics: injunction procedure (in vol.
3, pages 13-54); legal procedure for labour cases (in vol. 3, pages 165-262); settlement by arbitration (in vol. 3, pages 383-447); precautionary proceedings and possessors (in vol. 4, pages 213-310).
The use of an updated tax code in an updated edition without comments is indispensable.
The course subject is systematically treated in the lessons also with reference to legal decisions, which are integrated with seminars.
Assessment method - Oral examination.
Possible continuation in subsequent days will be indicated, as the occasion arises, by the President of the board during the exam session: students are required to be always present during the exam session and they will not receive indications on the subject either by phone or by e-mail.