Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at beatrice.gambineri@unifi.it
Course Content - Last names H-Z
The content of Module A moves from the reconstruction of the relationship between substantive and procedural law, and identifies the subject matter of the claim, the trial and the judgment; the types content of judgments; the rules of civil and labor proceedings conduct; the formal and extra-formal requirements of the trial (excluding the necessary lis pendens, dealt with in Mod. B); the procedural rules on evidence; the connection between cases brought between the same parties.
Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at beatrice.gambineri@unifi.it
The recommended textbook is, for all attending and nonattending students, A. Proto Pisani, Lezioni di diritto proceduale civile, 6th ed., Naples, 2014.
During the course, attending students will be shown the parts of the book that can be replaced by lecture notes, even considering the ongoing process of law reform.
Topics that need updating, due to intervening regulatory or jurisprudential changes, are indicated on Moodle (in the "Program" section). Also on Moodle is the specific content for students who have moved from the SSG course to the Master's Degree and more detail of the paragraphs excluded from study for Master's Degree students.
The study of the textbook should be complemented with constant consultation of the Code of Civil Procedure and the Civil Code: the Civil Code and Related Laws edited by G. De Nova, and the Code of Civil Procedure and Related Laws edited by C. Ferri, latest edition, are recommended.
Non-attending students must study the ongoing reform law, also following the status of implementation of the delegated decrees.
Learning Objectives - Last names A-G
Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at beatrice.gambineri@unifi.it
Learning Objectives - Last names H-Z
The course aims to provide the students with a perspective on substantive law from the trial point of view, through in-depth knowledge of jurisdictional (and non-jurisdictional) forms of protection of rights, so that they can become, in addition to a professional as a lawyer, judge and notary, real jurists. The course therefore aims to develop the skills of critical legal reasoning, both through a participatory teaching method, which consists of classroom presentation of cases and issues (the reason why attendance is highly recommended), and through innovative forms of teaching (such as participation in a Moot Court, which is held every year in Part II of the course and which provides the opportunity for students to write trial acts and participate in the discussion before a judge on a case that will be assigned to them at the beginning of the second semester.
Prerequisites - Last names A-G
Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at beatrice.gambineri@unifi.it
Prerequisites - Last names H-Z
To take the exam, students must have passed General Constitutional Law, Private Law I, Private Law II.
Teaching Methods - Last names A-G
Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at beatrice.gambineri@unifi.it
Teaching Methods - Last names H-Z
The course involves innovative didactic methods, including the involvement of attending students in classroom discussions of cases and issues and participation in a Moot Court.
Further information - Last names A-G
Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at beatrice.gambineri@unifi.it
Further information - Last names H-Z
Attending students must register through the Moodle platform within the first week of class, while those who have requested to switch courses must do so as soon as permission is made known to them.
Attendance will be taken during classes; unless otherwise provided in class, attending students are required to report justifications of their absences at the end of each semester (if exceeding tolerated absences in number of 4 per semester).
MIDTERM EXAMINATION
The midterm test (related to Module A) can be taken, as a rule, in the winter session only and, as a rule, unless otherwise evaluated by the lecturer of the level of preparation achieved, no more than twice (with the possibility, for students intending to graduate in the April session, to also take the second part in the same session).
If the lecturer, considering special needs, allows the student to take the midterm in the summer session, the second part of the exam must be taken within the same session.
Given the links between the two parts of the program, access to the midterm is reserved for attending students, who have an easier time, by attending lectures, to grasp the necessary connections between the institutes studied in Module A and those studied in Module B.
Type of Assessment - Last names A-G
Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at beatrice.gambineri@unifi.it
Type of Assessment - Last names H-Z
The examination will be held in oral form, but may also be taken in written form at the student's request, which should be indicated at the moment of the exam registration.
The test, in oral or written form, consists of several open-ended questions and is designed to test the student's knowledge of the institutions of the civil process and reasoning ability. Consultation of the codes during the written test is allowed in the last 15 minutes before the conclusion of the test; on the other hand, consultation of the codes is possible during the entire examination when it is taken in oral form.
A fully positive evaluation presupposes not only knowledge of the subject matter but also good expository and reasoning skills. The test may be insufficient from the very first question if the non-answer concerns central themes of the civil trial, such as, by way of example only, the constitutional rules and principles on jurisdiction and trial, the objective and subjective limits of adjudication, connection, necessary lis pendens, the distinction between interlocutory and non-secure summary protection, and so on.
Course program - Last names A-G
Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at beatrice.gambineri@unifi.it
Course program - Last names H-Z
For the programme of Module A, please refer to the course content box. With respect to the textbook, it is basically Chapters I to X, and Chapter IX up to (and including) Sec. 1.2, as well as Chapter XVII, limited to the first grade. For detailed directions, please refer to the lecturer's Moodle page, Program section.