DIRITTO PROCESSUALE CIVILE I
- Overview
- Assessment methods
- Learning objectives
- Contents
- Full programme
- Delivery method
- Teaching methods
- Contacts/Info
The 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. The knowledge of the substantive law that is implemented in civil proceedings is also essential.
The knowledge is assessed in oral form. The oral exam concerns both the parts of the program (general principles and ordinary procedure); the exam concerns two or more open questions with two or more general questions and few more specific questions. The verification of the subject learning will focus on the acquisition of the appropriate technical language and on the ability to argue with the conceptual categories illustrated, after verifying their assimilation. The assessment 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 rules. The final score will be expressed in thirtieths; exam will be approved with a minimum mark of 18/30 on all the questions proposed. 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. A positive assesment 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.
Within the purposes of the course there is the aknoweledge of the links between civil substantial law and civil procedural law 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 procedure in its different phases and degrees and therefore, in addition to the constitutional principles, the I and II book of the Civil Procedure code. This knowledge is necessary to be able to deal in the fourth year with the course of Civil Procedure Law II, in which the subject will be proposed with a different methodological approach, more focused on the development of critical skills, needed to offer reasoned solutions to the problems rising from the legal practice.
The course aims to offer student an approach to civil procedure law that allows him/her to grasp its nature as a systematic discipline, organized on the basis of conceptual categories, allowing him/her to appreciate its logical strictness. On the other hand, the subject will be presented as a different perspective through which to look at the substantive law, in order to enhance the close links between the two disciplines, which need each other to be well understood. The illustration of the regulatory framework of reference, consisting of the Civil Procedure code, will be preceded and supplemented by constitutional and supranational principles knowledge
The course will begin with some introductory lessons necessary to progressively approach the subject. The introduction 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 to general part institutions ruled in the first book of the Civil Procedure code, with specific focus on the study of the procedural requirements. In the second part of the course the attention will be focused on the functioning of the ordinary civil proceedings, on its different phases, introductory, preliminary and decision phase. The last part of the course willn be dedicated to the systems of appeal against the judgement.
Lectures
The teacher will receive the students after the lecture or by appointment arranged by email. Further information are availabile on e-learning website