CIVIL PROCEDURE
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- ALESSANDRO NASCOSI
- Credits
- 15
- Didactic period
- Primo Semestre
- SSD
- IUS/15
Training objectives
- During the course the principal institutes of the civil jurisdiction will be deepened by the point of view both theorist how practical. The course aims to furnish a key of reading of the civil trial right to the students, through the close examination of the judgment of knowledge as well as of the other trial models that compete to form the Italian civil trial, with the purpose to acquire a more mature method, critical and aware of interpretation, understanding and application of the trial right.
Principal acquired knowledges: the student will acquire knowledge of the civil jurisdictional activity with particular reference to the function and the different methods through which the guardianship of the rights is realized according to the canons of the correct trial. The course aims to furnish the knowledge
Principal abilities: at the end of the course the student will be able to also analyze the trial normative sources to the light of the doctrinal orientations and giurisprudenziali. Such cognitive baggage will allow the student to individualize and to apply the precepts to the concrete fattispecies legislative general and abstracts. Prerequisites
- Adequate knowledge of the principles and fundamental institutions of constitutional law and private law and knowledge of the basic elements and rules to which underpins civil justice.
You can not take the exam of Civil Procedure Law if the exams of: Constitutional Law were not passed
Private law institutions
European Union law Course programme
- The jurisdictional activity - The process and its requirements - The legal position of the person who seeks protection: Action - The legal position of the entity providing protection: the duty of decision of the court and its limits - The legal position of the person against which protection is sought: the defendant - The identification of the object of the trial - Judge, its auxiliary and supplementary offices. Jurisdiction. Competence. The guarantees of the judge - Parts and defenders. As a party, capacity to bring proceedings, procedural legitimacy and procedural representation. Advocates and expert witnesses. The duties and responsibilities of the parties and defenders - joinder, intervention, expulsion and succession - Prosecutors - The pleadings. The formal discipline of the acts of the process in general. Court measures, communications and notifications. The nullity of pleadings - The code in force and the principles that inspired - The discipline of the process in its general aspects - The introductory phase of the ordinary process of knowledge - education broadly and education evidence in the strict sense. The phase of decision - The events of abnormal process - Special features of the trial before the Justice of the Peace - The system of remedies: appeal, appeal, ruling as to jurisdiction, revocation and third party opposition - The work process - The executive process - The pre-trial brief.
The lessons will be so you divide: 70 hours of frontal lessons, 10 hours devoted to the exposure of juridical searches that you/they will be assigned by the teacher to the frequenting students divided for groups 10 hours finalized to the vision of trial actions and the search of the juridical sources. Didactic methods
- The examination develops him in oral form in an only interview with the errand examiner, which will verify the knowledge and the understanding of the institutes of the civil trial. At the end of the examination an express evaluation will be attributed in trentesimi. The carrying out of some inside test is not anticipated during the course.
Learning assessment procedures
- The examination develops him in oral form in an only interview with the errand examiner. 3 questions (two on the institutional part of the course and one on the special part) will be set to the student. A fourth grade can be set to the student question for better pondering the vote. The errand will verify to institutional knowledge and the understanding of the institutes that constitute object of the program of examination. If to the second question the student doesn't furnish exhaustive answers the examination you/he/she will conclude him with negative result. The vote springs from the average of the votes assigned to every answer holding in consideration the degree of difficulty of the single question.
Reference texts
- Following the imminent reform of the civil trial, the manuals of civil procedural law are not updated. At present, it seems appropriate to distinguish the program between attending and non-attending.
For attending students: during the course the material on which to prepare the exam will be indicated (manuals and synoptic tables to facilitate the study of the modified articles).
For non-attending students:
Balena, Institutions of civil procedural law, Bari, 2019, I and III volumes (the chapter on arbitration and separation and divorce processes are excluded from the III volume). Non-attending students are invited to contact the teacher at alessandro.nascosi@unife.it to agree on the exam program concerning the reformed cognition process
