Civil Procedural Law

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.