The course aims to provide an overview of Italian civil procedural law system, particularly focusing on case law experience, through an in-depth study of some of the main aspects of civil proceedings (see par. "Course Program").
The book for non-attending students is I. Pagni, Il contratto nel processo, Milan, 2022.
Examination materials for attending students can be found on Moodle, as specified during lectures.
Learning Objectives
The course focuses on fundamental institutes of civil proceedings, with particular attention to the most debated issues, with the aim of encouraging an active participation of the students and enabling them to acquire a critical method in the study of cases and procedural issues.
Prerequisites
Since the study of the topics presupposes the knowledge of fundamental principles and institutes of civil proceedings, passing the examination of Civil Procedural Law or attending the classes of the course is recommended.
Teaching Methods
Lectures will introduce "active" study of cases concerning classic civil trial issues, which will be debated during the classes.
Type of Assessment
For non-attending students, the final examination consists of three oral questions on the suggested text (see par. Recommended Books).
For attending students, the examination involves the presentation of a paper, written and oral, on a topic chosen among those covered in the course.
Course program
Module I: The subjects of civil proceedings.
Parties and subjects: the traditional correspondence between substantive and procedural capacity and the areas where parallelism breaks down. - The "modification" of trial subjects in the succession between parties. In particular, procedural aspects in striking-off and extraordinary operations, as merger and transformation of companies.
Module II: The subject matter of the trial.
Subject matter of the claim, its modification and the limits of adjudication in jurisprudential evolution. In particular, negotiation challenges.
Module III: Consent and Process.
The relevance of consent in the trial and the limits of admissibility of endo-procedural agreements. - Consent outside of trial: in particular, ABF and ACF. - Jurisdiction and protection of rights before independent administrative authorities.
Module IV: Process and specialization.
The "new" specializations: the business court, the insolvency court, the immigration sections. "Specialization" in civil trial reform.