JURISDICTION AND ALTERNATIVE DISPUTE RESOLUTION METHODS
Academic year and teacher
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- Versione italiana
- Academic year
- 2021/2022
- Teacher
- PASQUALE NAPPI
- Credits
- 9
- Didactic period
- Secondo Semestre
- SSD
- IUS/15
Training objectives
- During the course the principal institutes of the civil jurisdiction will be deepened by the theoretical and practical point of view, with particular examination of the principals alternative tools to the jurisdiction you turn to the deflation of the contentious (arbitration, mediation, conciliation, assisted negotiation). The course aims to furnish a key of reading of the civil trial right and the Alternatives to the students Disputes Resolution, 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.
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.
It's provided the prerequisites of constitutional law exams and Private Law Course programme
- The course will focus on the principles of civil procedure and on alternative methods of dispute resolution. In particular will be treated in theoretical and practical level the following topics:
The constitutional principles of the civil trial - The contentious jurisdiction - Shares of cognition - The protection to full cognition and cognition summary - The civil process and its preconditions - The jurisdiction - The jurisdiction - The proceedings - the duty of decision of the judge - The prosecutor - parts and defenders - the process with several parties - joinder, intervention, expulsion and succession in the process - the pleadings - the invalidity of pleadings - the costs of the process - negotiating the resolution of disputes - mediation of civil and commercial disputes - negotiation assistita- arbitration - the possibilities to appeal the arbitration award.
The course will be done in 60 hours of frontal lessons. Didactic methods
- The examination develops 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 takes place in a single interview with the Admissions Committee.
For the purpose of the exam it is also essential to consult an updated Code of Civil Procedure to all the recent reforms. Reference texts
- G. Balena, Istituzioni di diritto processuale civile, vol. I, I Principi, Cacucci editore, Bari, latest edition, capitoli I - VIII, XI (sezioni I - III e V), XII.
F.P. Luiso, Diritto processuale civile, vol. V, La risoluzione non giurisdizionale delle controversie, Giuffrè, latest edition, pp. 1 - 246.
