Civil Procedural Law

A.Y. 2020/2021
14
Max ECTS
98
Overall hours
SSD
IUS/15
Language
Italian
Learning objectives
- good level of knowledge of principles and essential notions of civil procedure, read in connection with principles and rules of private law, commercial law and constitutional law;
- skill in comprehension of the texts of law, including the systematic dimension of the single provisions;
- capacity in exposing the matter with logical coherence and technical language/terminology;
- capacity in reasoning about the interpretative questions and in applying rules to concrete cases.
Expected learning outcomes
Students are expected to have a good knowledge of the various parts of the program, included governance of the specific methodology of the civil procedure field, largely different from those of civil material law.
Single course

This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.

Course syllabus and organization

Surname A-D

Responsible
Lesson period
year
Program and tests will be unchanged.
Exams will be oral and will take place on line through Microsoft Teams following the method of the previous years (see section "Modalità di verifica dell'apprendimento e criteri di valutazione"). Students will have access to the Team through the link that will be exposed on the Ariel pages of the teacher one day before the exam. Students are requested to view the technical instructions for Microsoft Teams on the ufficial website Unimi and on the Ariel pages of the teacher.
Individual meetings with the teacher will be possible only on line through Microsoft Teams. Students may ask for an arrangement sending a mail to [email protected]. In the same way it is possible to ask for the title of the final dissertation.
During the I and II semester lessons will take place on line in web live conference on Microsoft Teams according to the schedule established. Students have to access to the Team and the Meeting using the numerical code of the course. Code and all instructions can be found on the Ariel site of the course. In any case lessons will be registered and will remain available on Microsoft Teams until the end of the semester.
If it will become possible to get back keeping lessons, exams and meeting at presence, advice will be promptly be given on the Ariel site of the teacher. In any case it will be always assured the possibility to be examined on line for students who have no possibility to leave their domicile.
It is highly recommended to check the site Ariel frequently.
Course syllabus
The course deals with the general principles about judicial remedies for civil rights and the rules about the carrying out of civil proceedings.
The program includes:
I PART: Constitution's fundamental principles about jurisdiction - Action and defenses - The action's condictions - Condictions for a judgment on the merit - The plaintiff's application - Connection and joinder of actions - Multiparties proceedings - Res judicata - Invalidity of procedural acts.
II PART: First degree proceedings - Challenges of decisions - General rules about enforcement proceedings - The most important special proceedings.
Prerequisites for admission
It's important students have good knowledge of the main material sectors, as above all private law, constitutional law and company law.
Teaching methods
The course is developed with frontal lessons along two semesters (twice a week).
Teaching Resources
I PART:
E. Merlin, Elementi di diritto processuale civile. Parte generale, Pisa., Pacini giuridica, last ed.;
or:
F. P. Luiso, Diritto processuale civile, vol. I, Milano, Giuffrè, last. ed.;
or:
C. Consolo, Spiegazioni di diritto processuale civile, vol. I (excluded second section) and vol. II (only the fifth section), Torino, Giappichelli, last ed.

II PART:
F.P. Luiso, Diritto processuale civile, II vol., Milan, Giuffrè, last ed.;
and C. Mandrioli - A. Carratta, Corso di diritto processuale civile, Editio minor, Turin, Giappichelli, III vol., last ed., including only: I Chapter, II Chapter, III Chapter (first section), IV Chapter, V Chapter, VI Chapter, VII Chapter, VIII Chapter (first section), IX Chapter (first, second, fifth sections), X Chapter, XI Chapter, XII Chapter (first section), XIV Chapter, XVI Chapter.
It is in any case necessary the reading of an updated civil procedure code (edition 2019).
Program for students that follow the old 9 Credit quotation does not include the volume by C. Mandrioli - A. Carratta mentioned above.
Assessment methods and Criteria
The exam consists in answering questions on each section of the program (general principles, first degree process, remedies, enforcement, special proceedings), and in explaining general concepts also with concrete examples. The exam is oral.
For the program quoted 14 credit students can choose, along the whole academic year, to separate the oral exam on the I and II part. The positive result of the I part has no time limit of validity and the exam on the II part can be taken in any subsequent session. For the program with the old 9 credit quotation the exam cannot be divided in separate parts.
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 14
Lessons: 98 hours
Professor: Merlin Elena

Surname E-N

Lesson period
year
The lessons will take place on Microsoft Teams in synchronous mode, at the scheduled times, and will be recorded and available for consultation on the same platform. Information on how to access the lessons on Microsoft Teams and other teaching instructions will be uploaded to the course ARIEL website, which you are advised to consult regularly.
Should the health situation allow it, in compliance with the regulations in force, lessons may also be held in the classroom (mixed mode); in this case, students will be promptly informed and notified via ARIEL website.
In any case, the lectures will be recorded and made available to students for the duration of the semester.

Programme and reference material

The programme and reference material of the course are unchanged.

Methods of assessing learning and assessment criteria

There will be no changes to the methods for assessing learning and the assessment criteria.
The examination will take place orally on the Microsoft Teams platform.
Should the health situation allow it, subject to the availability of classrooms and the necessary safety conditions, the examination will be held in the classroom.
However, students who are unable to travel from their place of residence and/or domicile will be able to take the examination remotely.
Course syllabus
The course deals with the general principles about judicial remedies for civil rights and the rules about the carrying out of civil proceedings.
The program includes:
I PART: Constitution's fundamental principles about jurisdiction - Action and defenses - The action's condictions - Condictions for a judgment on the merit - The plaintiff's application - Connection and joinder of actions - Multiparties proceedings - Res judicata - Invalidity of procedural acts.
II PART: First degree proceedings - Challenges of decisions - General rules about enforcement proceedings - The most important special proceedings.
Prerequisites for admission
None
Teaching methods
Frontal lessons
Teaching Resources
I part
E. T. Liebman, Manuale di diritto processuale civile. Principi, Milano, Giuffrè, last edition; or C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. I, Editio minor, Torino, Giappichelli, ultima edizione; or F. P. Luiso, Diritto processuale civile, vol. I, Milano, Giuffrè, last edition; or C. Consolo, Spiegazioni di diritto processuale civile, vol. I (with exclution of the second part) e vol. II (olny fith part), Torino, Giappichelli, last edition; or E. Merlin, Elementi di diritto processuale civile. Parte generale, Pisa, Pacini Giuridica, 2017.
The discipline of evidence is included in the in the first part of the programme.

II part
C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. II, Editio minor, Torino, Giappichelli, ultima edizione; or G. Tarzia - F. Danovi, Lineamenti del processo civile di cognizione, Milano, Giuffré, last edition (with exclution of Chapter I e II); or F. P. Luiso, Diritto processuale civile, vol. II, Milano, Giuffrè, last edition;
e C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. III, Editio minor, Torino, Giappichelli, last edition [only Chapter I, Chapter II, Chapter III( part I), Chapter IV, Chapter V, Chapter VII, Chapter VIII (part I) Chapter IX (part I, II and V), Chapter X, Chapter XI, Chapter XVI
It is necessary to use an updated code of civil procedure.
Old programme
The students who sustain the exam of 9 CFU have to study the programme previously indicated, which does not include volume III of C. Mandrioli - A. Carratta.
Materials for integration
(i) Those who have to integrate 5 CFU, having moved from Juridical Science Course to the one in Law and having sustained Institution of civil procedure of 9 CFU in this Faculty, the material to study is: C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. III, Editio minor, Torino, Giappichelli, last edition [only Chapter I, Chapter II, Chapter III (first part), Chapter IV, Chapter V, Chapter VII, Chapter VIII (part I), Chapter IX, (part I, II, and V), Chapter X, Chapter XI, Chapter XVI]

(ii) Those who have to integrate 5 CFU, having moved from Juridical Science Course to the one in Law and having sustained Institution of civil procedure of 6 CFU in this Faculty, the material to study is: C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. II, Editio minor, Torino, Giappichelli, last edition; or G. Tarzia - F. Danovi, Lineamenti del processo civile di cognizione, Milano, Giuffré, last edition (with exclution of Chapter I and II); or F. P. Luiso, Diritto processuale civile, vol. II, Milano, Giuffrè, last edition;
and C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. III, Editio minor, Torino, Giappichelli, last edition: [only Chapter I, Chapter II, Chapter III (first part), Chapter IV, Chapter V, Chapter VII, Chapter VIII (part I), Chapter IX, (part I, II, and V), Chapter X, Chapter XI, Chapter XVI]

(iii) In case of transfer from another Faculty the material to study will be agreed by the student and the Professor
Assessment methods and Criteria
The final test consists of an oral exam, aimed at verifying the achievement of all civil procedure core matters. Students enrolled in the third year may choose to limit the oral exam to the I Part (only in the winter session) and, in case of positive result, to prepare the II part for a subsequent session. In the following sessions the exam will be on both part I and II. The grades are represented by a mark out of thirty; in addition to the maximum mark, the Commission may also award a "lode".
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 14
Lessons: 98 hours
Professors: Guarnieri Guerino, Salvaneschi Laura Eugenia Maria

Surname O-Z

Lesson period
year
The lessons will take place on Microsoft Teams in synchronous mode, at the scheduled times, and will be recorded and available for consultation on the same platform, and a link to the lesson will be posted on the website ARIEL. Information on how to access the lessons on Microsoft Teams and other teaching instructions will be uploaded to the course ARIEL website, which you are advised to consult regularly.
Should the health situation allow it, in compliance with the regulations in force, lessons may also be held in the classroom (mixed mode); in this case, students will be promptly informed and notified via ARIEL website.
In any case, the lectures will be recorded and made available to students for the duration of the semester.

Programme and reference material

The programme and reference material of the course are unchanged.

Methods of assessing learning and assessment criteria

There will be no changes to the methods for assessing learning and the assessment criteria.
The examination will take place orally on the Microsoft Teams platform.
Should the health situation allow it, subject to the availability of classrooms and the necessary safety conditions, the examination will be held in the classroom.
However, students who are unable to travel from their place of residence and/or domicile will be able to take the examination remotely.

More precise indications and updates will be available on the Ariel course website, which should therefore be consulted regularly.
Course syllabus
Program
The course deals with the general principles about judicial remedies for civil rights and the rules about the carrying out of civil proceedings.
The program includes:
I PART: Constitution's fundamental principles about jurisdiction - Action and defenses - The action's condictions - Condictions for a judgment on the merit - The plaintiff's application - Connection and joinder of actions - Multiparties proceedings - Res judicata - Invalidity of procedural acts. - Documentary Evidence.
II PART: First degree proceedings - Challenges of decisions - General rules about enforcement proceedings - The most important special proceedings.
Prerequisites for admission
Knowledge of the legal language and comprehension of the legal terminology.
Teaching methods
Lectures and a trial simulation of a practical case.
Teaching Resources
I Part
E. T. Liebman, Manuale di diritto processuale civile. Principi, Milano, Giuffrè, last edition; or C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. I, Editio minor, Torino, Giappichelli, last edition; or F. P. Luiso, Diritto processuale civile, vol. I, Milano, Giuffrè, last edition; or C. Consolo, Spiegazioni di diritto processuale civile, vol. I (except II Section) e vol. II (only V Section), Torino, Giappichelli, last edition; or E. Merlin, Elementi di diritto processuale civile. Parte generale, Pisa, Pacini Giuridica, 2017.
In addition, :
Luiso: Chapt. 10, 12,13,14,15, II vol., exept "querela di falso".
Mandrioli - Carratta: Chapt. IV, sez. I e IV, II vol.
Consolo: Chapt. 6 and 7, II vol..


II part:
C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. II, Editio minor, Torino, Giappichelli, last edition; or G. Tarzia - F. Danovi, Lineamenti del processo civile di cognizione, Milano, Giuffré, last edition ( except for Chap. I e II); oppure F. P. Luiso, Diritto processuale civile, vol. II, Milano, Giuffrè, last edition.

and C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. III, Editio minor, Torino, Giappichelli, last edition [only: Chapter I, II, III (Sec. I), IV, V, VII, VIII (Sec. I), IX (Sec. I,II, V), X, XI, XVI)].
Civil Procedure Code (the latest edition).
Old programme
The students who sustain the exam of 9 CFU have to study the programme previously indicated, which does not include volume III of C. Mandrioli - A. Carratta.
Materials for integration
(i) Those who have to integrate 5 CFU, having moved from Juridical Science Course to the one in Law and having sustained Institution of civil procedure of 9 CFU in this Faculty, the material to study is: C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. III, Editio minor, Torino, Giappichelli, last edition [only Chapter I, Chapter II, Chapter III (first part), Chapter IV, Chapter V, Chapter VII, Chapter VIII (part I), Chapter IX, (part I, II, and V), Chapter X, Chapter XI, Chapter XVI]

(ii) Those who have to integrate 5 CFU, having moved from Juridical Science Course to the one in Law and having sustained Institution of civil procedure of 6 CFU in this Faculty, the material to study is: C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. II, Editio minor, Torino, Giappichelli, last edition; or G. Tarzia - F. Danovi, Lineamenti del processo civile di cognizione, Milano, Giuffré, last edition (except Chapter I and II); or F. P. Luiso, Diritto processuale civile, vol. II, Milano, Giuffrè, last edition;
and C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. III, Editio minor, Torino, Giappichelli, last edition: [only Chapter I, Chapter II, Chapter III (first part), Chapter IV, Chapter V, Chapter VII, Chapter VIII (part I), Chapter IX, (part I, II, and V), Chapter X, Chapter XI, Chapter XVI]

(iii) In case of transfer from another Faculty the material to study will be agreed by the student and the Professor
Assessment methods and Criteria
The final test consists of an oral exam, aimed at verifying the achievement of all civil procedure core matters. Students may choose to limit the oral exam to the I Part ( only in the winter session) and, in case of positive result, to prepare the II part for a subsequent session.The grades are represented by a mark out of thirty; in addition to the maximum mark, the Commission may also award a "lode".
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 14
Lessons: 98 hours
Professor(s)
Reception:
Thursday, 15 p.m. (during sanitary emergency on Microsoft Teams)
Department for National and Supranational Public Law, section civil procedure, IV floor