The course aims to provide an overview of the civil procedural law system in its dynamic function, as manifested in daily practical and jurisprudential experience, through an in-depth study of some of the main institutions of the process (see the section "Course Program").
The reference text for non-attending students is I. Pagni, Il contratto nel processo, Milan, 2022. Exam materials for attending students can be found on Moodle, as specified during the classes.
Learning Objectives
The course aims to deepen some fundamental institutions of civil procedure, in their practical dimension, with particular attention to the most debated issues, and to foster, through active student participation, the acquisition of a critical method in the study of cases and procedural questions.
Prerequisites
Since the in-depth study of the topics presupposes knowledge of the fundamental principles and institutions of the process, it is recommended to have passed the examination in civil procedural law (or at least to have previously attended or currently attend the course actively).
Teaching Methods
The course is organized as a seminar, focusing on the study of classical themes of civil procedural law but starting from case-law. The frontal lessons will introduce the "active" study by the students, which will take place through classroom debates and the drafting of small written contributions. This approach will facilitate both the development of writing skills and the acquisition of a critical reasoning method.
Type of Assessment
For attending students, the exam will consist of the presentation of a written and oral report on a topic chosen from those covered in the course. For non-attending students, the final exam will be an oral examination consisting of three questions on the indicated text (see the section "Recommended Books").
Course program
Introduction. The new challenges of civil justice and current issues of access to justice.
Module I: The subjects of the trial. Parties of civil proceedings and subjects, substantive and procedural capacity. - Traditional subjects and new subjects of the trial. - The "modification" of the subjects in civil proceedings; in particular, the case of striking-off of the company.
Module II: The object of the trial and res judicata. Modification of the claim and the limits of res judicata in case law. In particular, contractual disputes. - The new forms of "cedibility" of res judicata: domestic and supranational case law.
Module III: Consent and trial. The relevance of consent "within" civil proceedings and the admissibility limits of endoprocessual agreements. - Consent "outside" the trial: forms of non-judicial dispute resolution (in particular, ABF and ACF) and protection of rights before independent administrative authorities.
Module IV: Trial and specialization. New needs and "new" specializations: the business court, the bankruptcy judge, the immigration sections. The new court for individuals, minors, and families. Civil proceedings and forms of civil protection of the environment. -
"Specialization" in the reform of civil procedure.