DIRITTO PROCESSUALE CIVILE PROGREDITO
- Overview
- Assessment methods
- Learning objectives
- Contents
- Full programme
- Delivery method
- Teaching methods
- Contacts/Info
The knowledge of the substantive law that is implemented in the proceedings and of the basic civil procedure law is essential.
At the end of the lectures, at the theacher's discretion, may be arranged an optional written test on a portion of the topics covered. Passing a written test will allow students to sit for an oral exam focused on the remaining part the syllabus. The final exam will consist of an interview on the material covered in class and the recommended readings.
The course is addressed primarily to a student who want to develop a higher level of knowledge of civil justice. It is aimed at forming a greater awareness of the complexity of the subject in those who cultivate the vocation for one of the legal professions like the ones of judge, lawyer or notary or in any case for those who have an interest in it. The educational objective pursued is first of all making the student acquire a more extended cultural framework within which insert the topic of justice, which goes beyond the purely technical approach to civil procedure law. The second objective pursued by the course, of a more purely practical nature, is to bring the student, through a review of the conceptual categories learned in the basic courses of civil procedural law, to take the first steps in learning how to draft court documents and opinions.
Consistent with the course's educational objective, it will begin with introductory lessons on the anthropological, philosophical, and cultural meaning of justice, designed to transcend an exclusively technical approach to the subject. This framework will then provide an opportunity to reflect on some central themes of the subject that have raised questions in recent years for jurisprudence and constitutional judges, who are called upon to provide solutions that will be dialectically examined with the students. The subject matter of the trial, the modifiability of the introductory application, the system of preclusions, the grounds of the decision, and trials involving split credits will be topics that will be afforded following the guiding thread of procedural principles, whose systematic importance will be illustrated. These will provide an opportunity to engage with important decisions and scholarly contributions. The course includes a final section of exercises focusing on the functioning of the civil process through the drafting of statements. This will provide an opportunity to revisit the conceptual categories learned in the basic civil procedural law courses.
After some general introductory lectures, which will introduce the topic of civil justice using an interdisciplinary approach, there will be a more technical exam of specific topics. The identification of procedural principles, the topic of judicial acts and legal language, the topic of the grounds of the decision and more, will be approached with a less conventional approach, yet enriched with new meanings, which will be discussed in class with the students. The most recent decisions of the Joint Sections of the Court of Cassation will then be discussed in class. These include key issues such as the subject matter of the process, his modifiability, the relationship between the system of preclusions and the powers of the judge and the expert witness, the Court of Cassation's review of the grounds of decision, and the proceedings regarding split credits. The most practical part of the course will focus on the methods of drafting judicial acts.
The course will take place in the second semester and will consist of 40 hours of lectures and 20 hours of exercises.
Attendance of the course is very important for its approach that presupposes an active participation of the student, called from the beginning to present the topics discussed in the classroom and progressively evaluated in his constancy and commitment to follow the proposed path. Further informatin will be available on e-learning website The teacher will receive the students after the lecture or arranging, by e-mail, a call on the indicated platform