Civil Procedural Law
A.Y. 2023/2024
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.
- 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.
Lesson period: Activity scheduled over several sessions (see Course syllabus and organization section for more detailed information).
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Surname A-D
Responsible
Lesson period
year
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.
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. In particular, it must be underlined that many parts of the program may be adequately comprenhended only by revising the basic knowledge of private law.
Teaching methods
The course is developed with frontal lessons along two semesters (twice a week) at the seat of via Festa del Perdono 3 (hall 431), on Wednesday 12.30/14.30 - Thursday 12.30/14.30.
Prof. E. Merlin is available for meeting students every Thursday at 3. p.m. (via Festa del Perdono 3, IV floor), possibly sending previously mail to [email protected] or, on request, on line through MTeams. In the same way it is possible to apply for assignement of final dissertation.
It is highly recommended for more details to check the site Ariel frequently.
Prof. E. Merlin is available for meeting students every Thursday at 3. p.m. (via Festa del Perdono 3, IV floor), possibly sending previously mail to [email protected] or, on request, on line through MTeams. In the same way it is possible to apply for assignement of final dissertation.
It is highly recommended for more details to check the site Ariel frequently.
Teaching Resources
I PART:
E. Merlin, Elementi di diritto processuale civile. Parte generale, Torino Giappichelli, ed. 2022;
or:
F. P. Luiso, Diritto processuale civile, vol. I, Milano Giuffrè, ed. 2023.
II PART:
F.P. Luiso, Diritto processuale civile, II vol., Milan Giuffrè, ed. 2023;
and
C. Mandrioli - A. Carratta, Corso di diritto processuale civile, Editio minor, Turin Giappichelli, III vol., ed. 2023, including only: I Chapter, V Chapter, VI Chapter, VII Chapter (first section), VIII, IX Chapter, XI Chapter (first section), XII Chapter (first, second, fifth sections), XIV Chapter, XV Chapter, XVII Chapter, XVIII Chapter.
It is in any case necessary the reading of an updated civil procedure code (edition 2023).
It is not necessary to study any other text on the so called "Cartabia" reform, having been requested only for the exam sessions may/september 2023.
Program for students that follow the old 9 Credit quotation does not include the volume C. Mandrioli- A. Carratta mentioned above.
E. Merlin, Elementi di diritto processuale civile. Parte generale, Torino Giappichelli, ed. 2022;
or:
F. P. Luiso, Diritto processuale civile, vol. I, Milano Giuffrè, ed. 2023.
II PART:
F.P. Luiso, Diritto processuale civile, II vol., Milan Giuffrè, ed. 2023;
and
C. Mandrioli - A. Carratta, Corso di diritto processuale civile, Editio minor, Turin Giappichelli, III vol., ed. 2023, including only: I Chapter, V Chapter, VI Chapter, VII Chapter (first section), VIII, IX Chapter, XI Chapter (first section), XII Chapter (first, second, fifth sections), XIV Chapter, XV Chapter, XVII Chapter, XVIII Chapter.
It is in any case necessary the reading of an updated civil procedure code (edition 2023).
It is not necessary to study any other text on the so called "Cartabia" reform, having been requested only for the exam sessions may/september 2023.
Program for students that follow the old 9 Credit quotation does not include the volume C. Mandrioli- A. Carratta mentioned above.
Assessment methods and Criteria
The exam is oral and 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 positive mark is expressed in 30th (from 18 till 30) and the graduation depends on the degree of knowledge on the issues object of the questions, on the capacity to expose clearly and with adequate technical terms, on the capacity to explain the logical reasons of legal rules, on the capacity to make coherent concrete examples, on the capacity to identify the connection among different parts of the program, on the capacity to identify the connection of the procedural rules with principles of constitutional and private law.
The program for the exam quoted 14 credit includes two parts: the I part (general principles) and the II part (first degree proceedigs, challenges of decisions, enforcement proceedings, special proceedings).
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 a validity for 2 solar years. For the program with the old 9 credit quotation the exam cannot be divided in separate parts.
The program for the exam quoted 14 credit includes two parts: the I part (general principles) and the II part (first degree proceedigs, challenges of decisions, enforcement proceedings, special proceedings).
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 a validity for 2 solar years. For the program with the old 9 credit quotation the exam cannot be divided in separate parts.
Surname E-N
Responsible
Lesson period
year
Course syllabus
I semester
Judicial remedies and constitutional principles, in particular: articles 24 and 111 of the Constitution. The function of civil jurisdiction. The types of actions: cognition, precautionary and enforcement proceedings. The judicial protection: ascertainment, condamnation and constitutive proceedings. The limits of civil jurisdiction. Article 37 of the code of civil procedure (as amended by Legislative Decree No. 149/2022), Law no. 218/1995 and Reg. no. 1215/2012. The proper parties to the proceedings: representation and assistance. Procedural prerequisites. Competence. Articles 38 and 50 of the Code of Civil Procedure. The "regolamento di competenza". The related and cumulative proceedings. The conditions of the action. The judicial claim. The defenses. The counterclaim. The incidenter tantum ascertainment. The set-off. The lis pendens. The regular constitution of the judge. The public prosecutor in civil proceedings. The multipartiy proceedings. Voluntary and compulsory joinder. The call on the guarantee. Succession in the proceedings and succession in the disputed right. The effects of the judgment. Res judicata. The nullity of the acts. The general principles of the taking of evidence.
II semester
The taking of evidence. The writ of summons. The entry of appearance. The appearance in court. The investigation (in the broad sense) of the case. Powers of the judge. The handling of the case. The so-called anticipatory orders of condemnation and the new so-called conclusive orders. Joinder of third parties and joinder of proceedings. The decision of the case. Monocratic and collegial composition. The simplified proceeding. Suspension of the trial. Interruption of the trial. Termination of the trial. Default and joinder of proceedings. The trail before the justice of the peace. Appeals in general. The appeal. The trial before the Court of Cassation. The referral proceedings. The revocation. The third-party opposition. Hints on enforcement proceedings (in its general aspects), preliminary acts, expropriation in general, enforcement in specific form, oppositions and special proceedings (in particular: general principles on special proceedings, procedure for summary order, precautionary and possessory proceedings in general, seizures, order ex art. 700 of the code of civil procedure, proceedings in chambers, mediation and negotiation assisted by lawyers).
Old regime programme
Students taking the exam corresponding to the previous 9-credit regime must follow the programme in force previously (while taking into account the changes introduced by Legislative Decree No. 149/2022), which does not include volume III of C. Mandrioli - A. Carratta below indicated.
Integration Programme.
(i) For those who need to integrate 5 CFU, having transferred from the course in Legal Services to the 5-year Degree in Law of this Faculty, having already taken the 9 CFU Institutions of civil procedure exam, are required to study the part on enforcement proceedings (in its general aspects), preliminary acts, expropriation in general, enforcement in specific form, oppositions and the part on special proceedings (in particular: general principles on special proceedings, procedure for summary order, precautionary and possessory proceedings in general, seizures, order ex art. 700 of the code of civil procedure, proceedings in chambers, mediation and negotiation assisted by lawyers).
(ii) For those who are required to integrate 8 CFU, having transferred from the course in Legal Services to the 5-year Degree in Law of this Faculty and having already taken the 6 CFU Institutions of civil procedure exam (module of the teaching Institutions of civil procedure and Institutions of criminal procedure), the study of the following program is required: the discipline of the proceedings of first instance and in the stages of appeals, except the part concerning the introduction of the proceedings, the rules common to all means of evidence and the appeals in general. Also required is the study of the part on enforcement proceedings (in its general aspects), preliminary acts, expropriation in general, enforcement in specific form, oppositions and the part on special proceedings (in particular: general principles on special proceedings, procedure for summary order, precautionary and possessory proceedings in general, seizures, order ex art. 700 of the code of civil procedure, proceedings in chambers, mediation and negotiation assisted by lawyers).
(iii) In the case of transfer from another Faculty, specific arrangements will be made according to the programme already studied and according to the credits already acquired before the transfer to the Master's degree programme of this Faculty.
Judicial remedies and constitutional principles, in particular: articles 24 and 111 of the Constitution. The function of civil jurisdiction. The types of actions: cognition, precautionary and enforcement proceedings. The judicial protection: ascertainment, condamnation and constitutive proceedings. The limits of civil jurisdiction. Article 37 of the code of civil procedure (as amended by Legislative Decree No. 149/2022), Law no. 218/1995 and Reg. no. 1215/2012. The proper parties to the proceedings: representation and assistance. Procedural prerequisites. Competence. Articles 38 and 50 of the Code of Civil Procedure. The "regolamento di competenza". The related and cumulative proceedings. The conditions of the action. The judicial claim. The defenses. The counterclaim. The incidenter tantum ascertainment. The set-off. The lis pendens. The regular constitution of the judge. The public prosecutor in civil proceedings. The multipartiy proceedings. Voluntary and compulsory joinder. The call on the guarantee. Succession in the proceedings and succession in the disputed right. The effects of the judgment. Res judicata. The nullity of the acts. The general principles of the taking of evidence.
II semester
The taking of evidence. The writ of summons. The entry of appearance. The appearance in court. The investigation (in the broad sense) of the case. Powers of the judge. The handling of the case. The so-called anticipatory orders of condemnation and the new so-called conclusive orders. Joinder of third parties and joinder of proceedings. The decision of the case. Monocratic and collegial composition. The simplified proceeding. Suspension of the trial. Interruption of the trial. Termination of the trial. Default and joinder of proceedings. The trail before the justice of the peace. Appeals in general. The appeal. The trial before the Court of Cassation. The referral proceedings. The revocation. The third-party opposition. Hints on enforcement proceedings (in its general aspects), preliminary acts, expropriation in general, enforcement in specific form, oppositions and special proceedings (in particular: general principles on special proceedings, procedure for summary order, precautionary and possessory proceedings in general, seizures, order ex art. 700 of the code of civil procedure, proceedings in chambers, mediation and negotiation assisted by lawyers).
Old regime programme
Students taking the exam corresponding to the previous 9-credit regime must follow the programme in force previously (while taking into account the changes introduced by Legislative Decree No. 149/2022), which does not include volume III of C. Mandrioli - A. Carratta below indicated.
Integration Programme.
(i) For those who need to integrate 5 CFU, having transferred from the course in Legal Services to the 5-year Degree in Law of this Faculty, having already taken the 9 CFU Institutions of civil procedure exam, are required to study the part on enforcement proceedings (in its general aspects), preliminary acts, expropriation in general, enforcement in specific form, oppositions and the part on special proceedings (in particular: general principles on special proceedings, procedure for summary order, precautionary and possessory proceedings in general, seizures, order ex art. 700 of the code of civil procedure, proceedings in chambers, mediation and negotiation assisted by lawyers).
(ii) For those who are required to integrate 8 CFU, having transferred from the course in Legal Services to the 5-year Degree in Law of this Faculty and having already taken the 6 CFU Institutions of civil procedure exam (module of the teaching Institutions of civil procedure and Institutions of criminal procedure), the study of the following program is required: the discipline of the proceedings of first instance and in the stages of appeals, except the part concerning the introduction of the proceedings, the rules common to all means of evidence and the appeals in general. Also required is the study of the part on enforcement proceedings (in its general aspects), preliminary acts, expropriation in general, enforcement in specific form, oppositions and the part on special proceedings (in particular: general principles on special proceedings, procedure for summary order, precautionary and possessory proceedings in general, seizures, order ex art. 700 of the code of civil procedure, proceedings in chambers, mediation and negotiation assisted by lawyers).
(iii) In the case of transfer from another Faculty, specific arrangements will be made according to the programme already studied and according to the credits already acquired before the transfer to the Master's degree programme of this Faculty.
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
Lectures and a trial simulation of a practical case.
Teaching Resources
It is essential to use an updated code of civil procedure.
Part I:
In chapters corresponding to the topics covered: F. Danovi - L. Salvaneschi, Diritto processuale civile, I principi. Giuffrè, Milano, last edition. In the alternative: F. P. Luiso, Diritto processuale civile, vols. I, Milan, Giuffrè, latest edition; or C. Mandrioli - A. Carratta, Diritto processuale civile, vol. I, Turin, Giappichelli, latest edition; or C. Consolo, Spiegazioni di diritto processuale, vol. I (with exection for section II) e vol. II (only section V), Turin, Giappichelli, latest edition;
or E. Merlin, Elementi di diritto processuale civile. Parte generale, Turin, Giappichelli, 2022.
Part II:
G. Tarzia - F. Danovi - L. Salvaneschi, Lineamenti del processo civile di cognizione, Giuffrè, Milano, last edition.
In the alternative: C. Mandrioli - A. Carratta, Diritto processuale civile, vol. II, Editio maior, Turin, Giappichelli, latest edition; or F. P. Luiso, Diritto processuale civile, vol. II, Milan, Giuffrè, latest edition; or C. Consolo, Spiegazioni di diritto processuale, vol. II , Turin, Giappichelli, latest edition, for all with the exclusion of the chapters already included in the first part.
also: C. Mandrioli - A. Carratta, Corso di diritto proceduale civile, vol. III, Editio minor, Turin, Giappichelli, latest edition, in the chapters corresponding to the topics covered.
Old-regime programme
Students taking the exam corresponding to the previous 9-credit regime must follow the programme in force previously, which does not include volume III of C. Mandrioli - A. Carratta above.
Materials for integration
(i) For those who need to integrate 5 CFU, having transferred from the Degree in Legal Services to the 5-year Degree in Law of this Faculty and having already taken the 9 CFU Institutions of Civil Procedural Law exam, it is recommend: C. Mandrioli - A. Carratta, Corso di diritto proceduale civile, vol. III, Editio minor, Turin, Giappichelli, latest edition, in the chapters corresponding to the topics covered .
(ii) For those who need to integrate 8 CFU, having transferred from the Degree in Legal Services to the 5-year Degree in Law of this Faculty and having already taken the 6 CFU Institutions of Civil Procedural Law exam (a module of the course Institutions of Civil Procedural Law and Institutions of Criminal Procedural Law), it is recommend: C. Mandrioli - A. Carratta, Diritto proceduale civile, vol. II, Editio maior, Turin, Giappichelli, latest edition; or F. P. Luiso, Diritto proceduale civile, vol. II, Milan, Giuffrè, latest edition.
as well as C. Mandrioli - A. Carratta, Corso di diritto proceduale civile, vol. III, Editio minor, Turin, Giappichelli, latest edition in the chapters corresponding to the topics covered.
(iii) In case of transfer from other Faculty, specific arrangements will be made according to the programme already studied and according to the credits already acquired before the transfer to the Master's degree programme of this Faculty.
Part I:
In chapters corresponding to the topics covered: F. Danovi - L. Salvaneschi, Diritto processuale civile, I principi. Giuffrè, Milano, last edition. In the alternative: F. P. Luiso, Diritto processuale civile, vols. I, Milan, Giuffrè, latest edition; or C. Mandrioli - A. Carratta, Diritto processuale civile, vol. I, Turin, Giappichelli, latest edition; or C. Consolo, Spiegazioni di diritto processuale, vol. I (with exection for section II) e vol. II (only section V), Turin, Giappichelli, latest edition;
or E. Merlin, Elementi di diritto processuale civile. Parte generale, Turin, Giappichelli, 2022.
Part II:
G. Tarzia - F. Danovi - L. Salvaneschi, Lineamenti del processo civile di cognizione, Giuffrè, Milano, last edition.
In the alternative: C. Mandrioli - A. Carratta, Diritto processuale civile, vol. II, Editio maior, Turin, Giappichelli, latest edition; or F. P. Luiso, Diritto processuale civile, vol. II, Milan, Giuffrè, latest edition; or C. Consolo, Spiegazioni di diritto processuale, vol. II , Turin, Giappichelli, latest edition, for all with the exclusion of the chapters already included in the first part.
also: C. Mandrioli - A. Carratta, Corso di diritto proceduale civile, vol. III, Editio minor, Turin, Giappichelli, latest edition, in the chapters corresponding to the topics covered.
Old-regime programme
Students taking the exam corresponding to the previous 9-credit regime must follow the programme in force previously, which does not include volume III of C. Mandrioli - A. Carratta above.
Materials for integration
(i) For those who need to integrate 5 CFU, having transferred from the Degree in Legal Services to the 5-year Degree in Law of this Faculty and having already taken the 9 CFU Institutions of Civil Procedural Law exam, it is recommend: C. Mandrioli - A. Carratta, Corso di diritto proceduale civile, vol. III, Editio minor, Turin, Giappichelli, latest edition, in the chapters corresponding to the topics covered .
(ii) For those who need to integrate 8 CFU, having transferred from the Degree in Legal Services to the 5-year Degree in Law of this Faculty and having already taken the 6 CFU Institutions of Civil Procedural Law exam (a module of the course Institutions of Civil Procedural Law and Institutions of Criminal Procedural Law), it is recommend: C. Mandrioli - A. Carratta, Diritto proceduale civile, vol. II, Editio maior, Turin, Giappichelli, latest edition; or F. P. Luiso, Diritto proceduale civile, vol. II, Milan, Giuffrè, latest edition.
as well as C. Mandrioli - A. Carratta, Corso di diritto proceduale civile, vol. III, Editio minor, Turin, Giappichelli, latest edition in the chapters corresponding to the topics covered.
(iii) In case of transfer from other Faculty, specific arrangements will be made according to the programme already studied and according to the credits already acquired before the transfer to the Master's degree programme of this Faculty.
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
Professor:
Salvaneschi Laura Eugenia Maria
Surname O-Z
Responsible
Lesson period
year
More specific information on the delivery modes of training activities for academic year 2023/2024 will be provided over the coming months, based on the evolution of the public health situation.
Course syllabus
I semester
Judicial remedies and constitutional principles, in particular: articles 24 and 111 of the Constitution. The function of civil jurisdiction. The types of actions: cognition, precautionary and enforcement proceedings. The judicial protection: ascertainment, condamnation and constitutive proceedings. The limits of civil jurisdiction. Article 37 of the code of civil procedure (as amended by Legislative Decree No. 149/2022), Law no. 218/1995 and Reg. no. 1215/2012. The proper parties to the proceedings: representation and assistance. Procedural prerequisites. Competence. Articles 38 and 50 of the Code of Civil Procedure. The "regolamento di competenza". The related and cumulative proceedings. The conditions of the action. The judicial claim. The defenses. The counterclaim. The incidenter tantum ascertainment. The set-off. The lis pendens. The regular constitution of the judge. The public prosecutor in civil proceedings. The multipartiy proceedings. Voluntary and compulsory joinder. The call on the guarantee. Succession in the proceedings and succession in the disputed right. The effects of the judgment. Res judicata. The nullity of the acts. The general principles of the taking of evidence.
II semester
The taking of evidence. The writ of summons. The entry of appearance. The appearance in court. The investigation (in the broad sense) of the case. Powers of the judge. The handling of the case. The so-called anticipatory orders of condemnation and the new so-called conclusive orders. Joinder of third parties and joinder of proceedings. The decision of the case. Monocratic and collegial composition. The simplified proceeding. Suspension of the trial. Interruption of the trial. Termination of the trial. Default and joinder of proceedings. The trail before the justice of the peace. Appeals in general. The appeal. The trial before the Court of Cassation. The referral proceedings. The revocation. The third-party opposition. Hints on enforcement proceedings (in its general aspects), preliminary acts, expropriation in general, enforcement in specific form, oppositions and special proceedings (in particular: general principles on special proceedings, procedure for summary order, precautionary and possessory proceedings in general, seizures, order ex art. 700 of the code of civil procedure, proceedings in chambers, mediation and negotiation assisted by lawyers).
Old regime programme
Students taking the exam corresponding to the previous 9-credit regime must follow the programme in force previously (while taking into account the changes introduced by Legislative Decree No. 149/2022), which does not include volume III of C. Mandrioli - A. Carratta below indicated.
Integration Programme.
(i) For those who need to integrate 5 CFU, having transferred from the course in Legal Services to the 5-year Degree in Law of this Faculty, having already taken the 9 CFU Institutions of civil procedure exam, are required to study the part on enforcement proceedings (in its general aspects), preliminary acts, expropriation in general, enforcement in specific form, oppositions and the part on special proceedings (in particular: general principles on special proceedings, procedure for summary order, precautionary and possessory proceedings in general, seizures, order ex art. 700 of the code of civil procedure, proceedings in chambers, mediation and negotiation assisted by lawyers).
(ii) For those who are required to integrate 8 CFU, having transferred from the course in Legal Services to the 5-year Degree in Law of this Faculty and having already taken the 6 CFU Institutions of civil procedure exam (module of the teaching Institutions of civil procedure and Institutions of criminal procedure), the study of the following program is required: the discipline of the proceedings of first instance and in the stages of appeals, except the part concerning the introduction of the proceedings, the rules common to all means of evidence and the appeals in general. Also required is the study of the part on enforcement proceedings (in its general aspects), preliminary acts, expropriation in general, enforcement in specific form, oppositions and the part on special proceedings (in particular: general principles on special proceedings, procedure for summary order, precautionary and possessory proceedings in general, seizures, order ex art. 700 of the code of civil procedure, proceedings in chambers, mediation and negotiation assisted by lawyers).
(iii) In the case of transfer from another Faculty, specific arrangements will be made according to the programme already studied and according to the credits already acquired before the transfer to the Master's degree programme of this Faculty.
Judicial remedies and constitutional principles, in particular: articles 24 and 111 of the Constitution. The function of civil jurisdiction. The types of actions: cognition, precautionary and enforcement proceedings. The judicial protection: ascertainment, condamnation and constitutive proceedings. The limits of civil jurisdiction. Article 37 of the code of civil procedure (as amended by Legislative Decree No. 149/2022), Law no. 218/1995 and Reg. no. 1215/2012. The proper parties to the proceedings: representation and assistance. Procedural prerequisites. Competence. Articles 38 and 50 of the Code of Civil Procedure. The "regolamento di competenza". The related and cumulative proceedings. The conditions of the action. The judicial claim. The defenses. The counterclaim. The incidenter tantum ascertainment. The set-off. The lis pendens. The regular constitution of the judge. The public prosecutor in civil proceedings. The multipartiy proceedings. Voluntary and compulsory joinder. The call on the guarantee. Succession in the proceedings and succession in the disputed right. The effects of the judgment. Res judicata. The nullity of the acts. The general principles of the taking of evidence.
II semester
The taking of evidence. The writ of summons. The entry of appearance. The appearance in court. The investigation (in the broad sense) of the case. Powers of the judge. The handling of the case. The so-called anticipatory orders of condemnation and the new so-called conclusive orders. Joinder of third parties and joinder of proceedings. The decision of the case. Monocratic and collegial composition. The simplified proceeding. Suspension of the trial. Interruption of the trial. Termination of the trial. Default and joinder of proceedings. The trail before the justice of the peace. Appeals in general. The appeal. The trial before the Court of Cassation. The referral proceedings. The revocation. The third-party opposition. Hints on enforcement proceedings (in its general aspects), preliminary acts, expropriation in general, enforcement in specific form, oppositions and special proceedings (in particular: general principles on special proceedings, procedure for summary order, precautionary and possessory proceedings in general, seizures, order ex art. 700 of the code of civil procedure, proceedings in chambers, mediation and negotiation assisted by lawyers).
Old regime programme
Students taking the exam corresponding to the previous 9-credit regime must follow the programme in force previously (while taking into account the changes introduced by Legislative Decree No. 149/2022), which does not include volume III of C. Mandrioli - A. Carratta below indicated.
Integration Programme.
(i) For those who need to integrate 5 CFU, having transferred from the course in Legal Services to the 5-year Degree in Law of this Faculty, having already taken the 9 CFU Institutions of civil procedure exam, are required to study the part on enforcement proceedings (in its general aspects), preliminary acts, expropriation in general, enforcement in specific form, oppositions and the part on special proceedings (in particular: general principles on special proceedings, procedure for summary order, precautionary and possessory proceedings in general, seizures, order ex art. 700 of the code of civil procedure, proceedings in chambers, mediation and negotiation assisted by lawyers).
(ii) For those who are required to integrate 8 CFU, having transferred from the course in Legal Services to the 5-year Degree in Law of this Faculty and having already taken the 6 CFU Institutions of civil procedure exam (module of the teaching Institutions of civil procedure and Institutions of criminal procedure), the study of the following program is required: the discipline of the proceedings of first instance and in the stages of appeals, except the part concerning the introduction of the proceedings, the rules common to all means of evidence and the appeals in general. Also required is the study of the part on enforcement proceedings (in its general aspects), preliminary acts, expropriation in general, enforcement in specific form, oppositions and the part on special proceedings (in particular: general principles on special proceedings, procedure for summary order, precautionary and possessory proceedings in general, seizures, order ex art. 700 of the code of civil procedure, proceedings in chambers, mediation and negotiation assisted by lawyers).
(iii) In the case of transfer from another Faculty, specific arrangements will be made according to the programme already studied and according to the credits already acquired before the transfer to the Master's degree programme of this Faculty.
Prerequisites for admission
Knowledge of the legal language and comprehension of the legal terminology.
Constitutional Law and Private law are preliminary
Constitutional Law and Private law are preliminary
Teaching methods
Lectures and a trial simulation of a practical case..
Teaching Resources
Reference material
It is essential to use an updated code of civil procedure.
Part I:
In chapters corresponding to the topics covered: F. P. Luiso, Diritto processuale civile, vols. I and II, Milan, Giuffrè, latest edition; or C. Mandrioli - A. Carratta, Diritto processuale civile, vol. I and II, Turin, Giappichelli, latest edition; or C. Consolo, Spiegazione di diritto processuale, vol. I and II , Turin, Giappichelli, latest edition;
or E. Merlin, Elementi di diritto processuale civile. Parte generale, Turin, Giappichelli, 2022; or F. Danovi - L. Salvaneschi, Diritto processuale civile, I principi. Giuffrè, Milan, latest edition, both to be integrated with the parts not covered with one of your choice from volume II of the above-mentioned manuals.
Part II:
C. Mandrioli - A. Carratta, Diritto proceduale civile, vol. II, Turin, Giappichelli, latest edition; or F. P. Luiso, Diritto processuale civile, vol. II, Milan, Giuffrè, latest edition; or C. Consolo, Spiegazioni di diritto processuale, vol. II , Turin, Giappichelli, latest edition, for all with the exclusion of the chapters already included in the first part.
also: C. Mandrioli - A. Carratta, Corso di diritto proceduale civile, vol. III, Editio minor, Turin, Giappichelli, latest edition, in the chapters corresponding to the topics covered.
Old-regime programme
Students taking the exam corresponding to the previous 9-credit regime must follow the programme in force previously, which does not include volume III of C. Mandrioli - A. Carratta above.
Materials for integration
(i) For those who need to integrate 5 CFU, having transferred from the Degree in Legal Services to the 5-year Degree in Law of this Faculty and having already taken the 9 CFU Institutions of Civil Procedural Law exam, it is recommend: C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. III, Editio minor, Turin, Giappichelli, latest edition, in the chapters corresponding to the topics covered .
(ii) For those who need to integrate 8 CFU, having transferred from the Degree in Legal Services to the 5-year Degree in Law of this Faculty and having already taken the 6 CFU Institutions of Civil Procedural Law exam (a module of the course Institutions of Civil Procedural Law and Institutions of Criminal Procedural Law), it is recommend: C. Mandrioli - A. Carratta, Diritto processuale civile, vol. II, Turin, Giappichelli, latest edition; or F. P. Luiso, Diritto processuale civile, vol. II, Milan, Giuffrè, latest edition.
as well as C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. III, Editio minor, Turin, Giappichelli, latest edition in the chapters corresponding to the topics covered.
(iii) In case of transfer from other Faculty, specific arrangements will be made according to the programme already studied and according to the credits already acquired before the transfer to the Master's degree programme of this Faculty.
It is essential to use an updated code of civil procedure.
Part I:
In chapters corresponding to the topics covered: F. P. Luiso, Diritto processuale civile, vols. I and II, Milan, Giuffrè, latest edition; or C. Mandrioli - A. Carratta, Diritto processuale civile, vol. I and II, Turin, Giappichelli, latest edition; or C. Consolo, Spiegazione di diritto processuale, vol. I and II , Turin, Giappichelli, latest edition;
or E. Merlin, Elementi di diritto processuale civile. Parte generale, Turin, Giappichelli, 2022; or F. Danovi - L. Salvaneschi, Diritto processuale civile, I principi. Giuffrè, Milan, latest edition, both to be integrated with the parts not covered with one of your choice from volume II of the above-mentioned manuals.
Part II:
C. Mandrioli - A. Carratta, Diritto proceduale civile, vol. II, Turin, Giappichelli, latest edition; or F. P. Luiso, Diritto processuale civile, vol. II, Milan, Giuffrè, latest edition; or C. Consolo, Spiegazioni di diritto processuale, vol. II , Turin, Giappichelli, latest edition, for all with the exclusion of the chapters already included in the first part.
also: C. Mandrioli - A. Carratta, Corso di diritto proceduale civile, vol. III, Editio minor, Turin, Giappichelli, latest edition, in the chapters corresponding to the topics covered.
Old-regime programme
Students taking the exam corresponding to the previous 9-credit regime must follow the programme in force previously, which does not include volume III of C. Mandrioli - A. Carratta above.
Materials for integration
(i) For those who need to integrate 5 CFU, having transferred from the Degree in Legal Services to the 5-year Degree in Law of this Faculty and having already taken the 9 CFU Institutions of Civil Procedural Law exam, it is recommend: C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. III, Editio minor, Turin, Giappichelli, latest edition, in the chapters corresponding to the topics covered .
(ii) For those who need to integrate 8 CFU, having transferred from the Degree in Legal Services to the 5-year Degree in Law of this Faculty and having already taken the 6 CFU Institutions of Civil Procedural Law exam (a module of the course Institutions of Civil Procedural Law and Institutions of Criminal Procedural Law), it is recommend: C. Mandrioli - A. Carratta, Diritto processuale civile, vol. II, Turin, Giappichelli, latest edition; or F. P. Luiso, Diritto processuale civile, vol. II, Milan, Giuffrè, latest edition.
as well as C. Mandrioli - A. Carratta, Corso di diritto processuale civile, vol. III, Editio minor, Turin, Giappichelli, latest edition in the chapters corresponding to the topics covered.
(iii) In case of transfer from other Faculty, specific arrangements will be made according to the programme already studied and according to the credits already acquired before the transfer to the Master's degree programme of this Faculty.
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 "honors".
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 14
Lessons: 98 hours
Professors:
Marinucci Elena Sara Chiara, Vincre Simonetta Maria Pia
Educational website(s)
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