DIRITTO PROCESSUALE CIVILE II

Degree course: 
Corso di Long single cycle degree (5 years) in Law - Varese
Academic year when starting the degree: 
2022/2023
Year: 
4
Academic year in which the course will be held: 
2025/2026
Course type: 
Compulsory subjects, characteristic of the class
Language: 
English
Credits: 
6
Standard lectures hours: 
35
Detail of lecture’s hours: 
Lesson (35 hours)
Requirements: 

The knowledge of general topics, conceptual categories as well as the technical language, acquired attending the course of civil procedure I, is essential to profitably approach the matter. It is also necessary the knowledge of private law institutes.

Final Examination: 
Orale

The knowledge is assessed in oral form. The oral exam concerns both the parts of the program; the exam concerns two or more open questions with two or more general questions and few more specific questions. The final score will be expressed in thirtieths; exam will be approved with a minimum mark of 18/30 on all the questions proposed. Learning assessment will focus: the knowledge of the institutes; the ability to express in correct and logical form, through a technical language; the ability to propose interpretative solutions critically reasoned. During the exam, consultation of the legal texts may be permitted. At the end of the course, at teacher choice, a written test may be submitted to students on one of the two parts of the course, the passing of which will allow students to take the oral exam only on the other part of the course; taking the written exam is at student’s choice.

Assessment: 
Voto Finale

The course offers to the students a complete picture of civil procedure through the study of special proceedings and, therefore, of books III end IV of the code of civil procedure. It is focused to the study of other models of judicial protection, in addition to the cognition learned in the first course, and thus to the enforcement procedure and to the provisional measure system. Being an advanced course, civil procedure will be presented according to more articulated methodological lines, aimed at causing students to develop their critical thinking and ability to argue, in order to learn how to propose legal solutions to solve specific problems. The course also aims, compatibly with the didactic needs, to introduce students to the analysis of concrete legal cases to develop their argumentative skills. These activities are part of a training course aimed at providing each student with useful skills to develop the skills of interpretation and application of law, required by the world of professions. The assessment of the students’ learning, which may be object of written test at the end of the course, will consist in the request to answer open-ended questions; the assessment is in itself functional to the development of the capabilities mentioned above and, therefore, to encourage the development of logical-legal skills necessary for the solution of specific issues.

The course is spli in two parts. Part A): the study of the general principles of enforcement procedure, the regulation of the specific enforcement proceedings, of the astreintes and of the cognition proceedings of opposition to enforcement activity (approximately 22 hours); PART B): the study of the injunction proceeding, eviction validation proceedings; provisional measure system and some special measures (approximately 13 hours).

The course completes the teaching of civil procedural law through the study of Books III and IV of the Code of Civil Procedure and focuses on the forms of protection other than the ordinary procedure studied in the basic course. The course is divided into two parts: the first is dedicated to enforcement proceedings, in particular: forced expropriation, specific enforcement, indirect enforcement, and enforcement oppositions. The second part is dedicated to special proceedings, preceded by an overview of the distintion between full knowledge and summary knowledge. The course will therefore cover injunction proceeding, license validation and eviction proceedings, precautionary proceedings (uniform precautionary proceedings and a study of individual typical and atypical precautionary measures), and possessory actions.

Convenzionale

lectures

The teacher will receive the students after the lecture or by appointment agreed by email. Further information are availabile on e-learning website

Professors