DIRITTO PROCESSUALE CIVILE I
- Overview
- Assessment methods
- Learning objectives
- Contents
- Delivery method
- Teaching methods
- Contacts/Info
Knowledge of constitutional law is necessary to grasp not only the
principles governing the matter, but also the role of the judge and the
importance of judicial function.
Knowledge of the substantive law that is implemented in the proceedings
is also essential.
If the regulations and rectoral and departmental prescriptions allow the
examinations to be held in attendance, students will be given the
opportunity to take a written test on the first part of the program in the
middle of the course. This is an opportunity to test the acquisition of the
correct method of studying the subject and the skills to deal with a legal
discourse also in writing, and is therefore recommended to all, even if it
is a right and not an obligation for students.
Students will be asked open-ended questions (usually three questions
about general part of the code). It will also be permitted to use the civil
procedure code to make it clear that what is required is not a mnemonic
study of the subject, but the ability to interpret and arrange the rules
within a conceptual framework. The passing of the written test, to which
will be attributed a judgment that leaves room to modulate the final
examination grade, expressed in thirtieths, will allow to present to the
oral test being examined only on the second part of the program.
However, in case of passing the written test, students can renounce to
the written test and take the oral test on the entire examination program.
The control related to the learning of the subject will focus on the
acquisition of the involved technical language and, on the ability to
reason with the conceptual categories illustrated, after verifying their
assimilation. The judgement will be more positive when the student
demonstrates that he or she has tried to understand the logical links that
govern the discipline and make it an ordered system of norms.
The course aims to offer students an approach to civil procedural law that
allows them to grasp its nature as a systematic discipline, organized on
the basis of conceptual categories, allowing them to appreciate its logical
rigor. On the other hand, the subject will be presented as a different
perspective through which to look at substantive law, to enhance the
close links between the two disciplines, which need each other to be well
understood. The explicatiom of the normative framework of reference,
constituted by the code of civil procedure, will be preceded and
integrated by the knowledge of constitutional and supranational
principles, in a review of the sources of law and the relationships between
the different Courts.
At the end of the course the student must have acquired the technical
language implied by the subject and the ability to reason with the
proposed conceptual categories, within the regulatory framework of
reference. In particular, he or she will have to know the principles and
institutes of the general part and the functioning of the ordinary
proceedings in its different phases and degrees and therefore, in addition
to the constitutional principles, the I and II book of the procedural code.
This knowledge is necessary to be able to deal in the fourth year with the
course of Civil Procedural Law II, in which the subject will be proposed
with a different methodological approach, more focused on the
develpment of critical skills, necessary to offer reasoned solutions to the
problems arising by the application legal practice.
The course will begin with some introductory lectures necessary to
progressively approach the subject, which will offer hints on the history of
the administration of civil justice, also in a comparative key, and
codifications in procedural matters, useful to appreciate the most recent
choices of the legislator. This introduction of a cultural nature will be
followed by a more exquisitely technical and juridical discussion of the
subject. It will be organized in a first tranche dedicated to constitutional
principles and general party institutions governed by the first book of the
Code of Civil Procedure, including the theory of the judiciary. In the
second part of the course the attention will be focused on the functioning
of the civil proceedings, as an ordinary model of protection, on its
different phases, introductory, preliminary and decision making. Then it
will be illustrated the system of appeals against the judgment with which
the proceedings are closed.
The course will take place in the first semester and will consist of 50
hours of lectures.
The following manuals are at the student's choice:
1) F.P. Luiso, Diritto processuale civile, Giuffrè, vol. I e II, ult. ed.
2) C. Mandrioli, A. Carratta, Diritto processuale civile, Giappichelli, vol. I e
II, ult. ed.
Students who will regularly attend classes will be able to choose, as an
alternative to the abovementioned textbooks, to adopt the following
ones, which complement each other, and both should be studied:
3) E.T. Liebman, Manuale di diritto processuale civile, Principi, Giuffrè,
ultima ed. e G. Tarzia, F. Danovi, Lineamenti del processo civile di
cognizione, Giuffrè, ult. ed. or alternatively the second text of the above
mentioned manuals
4) E.Merlin, Elementi di diritto processuale civile, Pacini Giuridica 2017 e
G. Tarzia, F. Danovi, Lineamenti del processo civile di cognizione, Giuffrè,
ult. ed. or alternatively the second volume of the above mentioned
manuals.