The programme starts from the reconstruction of the relationship between substantive law and trial, and identifies the content of the legal claim, the subject matter of the trial and the judgment; it examines the types of protection and the content of judgments; the rules of conduct, at first instance, of ordinary trial and labour trial; the formal and extra-formal requirements of the trial; evidence and the connection between cases brought by the same parties.
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.
The recommended textbook is, for all students, whether attending or not, A. Proto Pisani, Lezioni di diritto processuale civile, reprinting of the 6th ed., Naples, 2021. If in the coming months handbooks updated with the reform of the civil process, aimed at students, will be released, a second textbook will also be recommended.
In any case, the study of the textbook should be accompanied by the reading of Legislative Decree No. 149/2022 on the reform and the study of the update handouts that will be made available on Moodle. The specific topics that require further additions, due to regulatory or even only jurisprudential changes, are indicated on Moodle (in the "Programme" section).
During the course, attending students will be shown the parts of the syllabus that can be replaced by lecture notes.
For all students, whether attending or not, the study of the textbook must be accompanied by constant consultation of the Code of Civil Procedure and the Civil Code: we recommend 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.
SSG students can find the specific content of their program on Moodle, with the detail of the paragraphs excluded from the program of Master's Degree students.
The recommended textbook is, for all students, whether attending or not, the textbook by A. Proto Pisani, Lezioni di diritto processuale civile, Napoli, 2023. For those who have already purchased the 2021 edition, the integration on the reform of the civil process, added in the 2023 edition, will be made available on Moodle in the parts subject to examination (paras. 8.1, 8.6 and 9).
Paragraphs 1 to 7 of the integration to the Handbook will be replaced, for all students, attending and not, by a handout edited by Prof. Pagni that will be made available on Moodle in the first and second semester.
On Moodle (in the 'Programme' section), further specific topics of the textbook that require more in-depth study are also indicated, due to intervening novelties, even if only in jurisprudence.
For everyone, whether attending or not, the study of the textbook must be flanked with constant consultation of the Civil Procedure Code and the Civil Code: we recommend the Civil Code and Related Laws, edited by G. De Nova, and the Civil Procedure Code and Related Laws, edited by C. Ferri, latest edition. Everyone will be asked about the regulations contained in Legislative Decree No 149 of 10 October 2022 on the reform of civil proceedings.
On Moodle (in the 'Programme' section) there is more detail on the paragraphs excluded from the study for Master's degree students and the specific programme for students who have switched from the SSG course to the Master's degree.
Learning Objectives - Last names A-G
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.
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
To take the exam, students must have passed General Constitutional Law, Private Law I, Private Law II.
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
The course involves innovative didactic methods, including the involvement of attending students in classroom discussions of cases and issues.
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
Attending students must register through the Moodle platform within the first week of class, while those who have a course switch 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 Professor, 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, by attending lectures, have a greater ease in grasping the necessary connections between the institutes studied in Module A and those studied in Module B.
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
The examination will be orally, but may also be taken in written form at the student's request, which should be indicated at the beginning of the examination session.
The test, in oral or written form, consists of several open questions and is aimed 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 res judicata, connection, necessary lis pendens, the distinction between interlocutory and non-secure summary protection, and so on.
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
The content of Module A regards the reconstruction of the relationship between substantive and procedural law, and identifies the subject matter of the claim, the trial and the judgment; the different types of civil proceedings and the content of judgments; the rules of civil and labor proceedings conduct; the formal and extra-formal requirements of the trial (excluding compulsory joinder of parties, dealt with in Mod. B); the procedural rules on evidence; the connection between cases brought between the same parties.
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 information, please refer to the lecturer's Moodle page, Program section.
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.