The course focuses on fundamental issues of civil procedural law, such as the objective limits of res judicata, the subject matter of appeal proceedings, and the power to amend claims and exceptions at first instance, but especially at the appeal stage.
This course, within the framework of the Master's Degree Course in Italian and French Law, takes place in Paris at the Université Paris 1 and is reserved for fifth-year students enrolled in the Master 2 Juriste international course. The course is compulsory and the examination must be taken on the lecture notes.
Learning Objectives
The course aims to introduce students to the study of fundamental issues of civil procedural law from a comparative law perspective.
Prerequisites
The course is reserved for students of the Italian and French law degree course admitted to the fifth year (Master 2).
Teaching Methods
The course consists of 24 hours of lectures.
Further information
Attendance is compulsory. During lectures, attendance will be recorded by roll-call.
Type of Assessment
The examination takes place in written form (in the manner generally provided for in France). The test consists of three open-ended questions and aims to test the student's knowledge of the institutions of the civil process and his or her ability to reason.
Course program
The topics covered by the course are:
- the object of the trial and of the judgement
- the notion of res judicata in Italian, French and English law and in a European perspective
- the objective limits of res judicata in Italy, France and Great Britain;
- the objective limits of res judicata with particular reference to the deduction in judgment of rights with divisible petitum, to actions of negotiated appeal and to the legal re-qualification of the case;
- the principle of dual jurisdiction also in a European perspective;
- the devolutive effect of the appeal in Italy, France and Great Britain
- the power to bring new claims on appeal in Italy, France and Great Britain
- the power to amend the application on appeal (with particular reference to applications concerning rights with divisible petitum, to actions of negotiated appeal and to the legal re-qualification of cases) in Italy, France and Great Britain
- the power to propose new exceptions on appeal in Italy, France and Great Britain.