PROCEDURAL CIVIL LAW
Course objectives
Inglese General learning objectives The course is aimed at living to students (enrolled in “Magistrale” Degree Course) a general mastery, firstly, of the framework of jurisdictional protection under Constitutional principles; secondly, of the specific principles governing civil litigation proceedings (in particular, the one according to which the civil proceedings is commenced and continued by party’s initiative). Furthermore, the course is aimed at illustrating the difference between the various instruments for protecting rights (by full and ordinary proceedings, by summary proceedings, by enforcement proceedings, by interim proceedings and by possessory proceedings) and it aims at examining each relevant procedural issue. Knowledge and Understanding At the end of the course students are expected to have acquired full knowledge and understanding, firstly, of the framework of jurisdictional protection under Constitutional principles and of the specific principles governing civil litigation proceedings (in particular, the one according to which the civil proceedings is commenced and continued by party’s initiative) and of the differences between the various instruments for protecting rights (by full and ordinary proceedings, by summary proceedings, by enforcement proceedings, by interim proceedings and by possessory proceedings) and of each relevant procedural issue. In particular, the main learning objective is the understanding of: a) with reference to the general provisions: the jurisdiction, translatio judicii, competence (and its modifications), the grounds of legal action, the judge’s powers and duties, plaintiff and defendant’s role, proceedings involving more parties, procedure acts and pleadings; b) with reference to civil litigation: the general rules governing the proceedings and their relevant stages (in particular, the evidentiary stage and the final stage, together with the different types of judgments), both on fist instance and on appeal; c) with reference to enforcement proceedings: the rules governing the writ of execution, the various forms of enforcement proceedings and the logic of filing opposition; d) with reference to special proceedings, the rules governing order for payments proceedings (and the logic of the relevant opposition), summary proceedings and possessory proceedings. Applying knowledge and understanding At the end of the course students are expected on one side to have acquired the skills to interpret the civil procedure law sources and to make links between the civil procedure law institutions and on the other side to have acquired the understanding of the doctrinal and jurisprudential opinions on the main procedural institutions as well as the relevant application consequences. With reference to this objective, supplementary didactics and directed studies will be provided Making judgements At the end of the course students are expected to have acquired both skills of making judgements about the application of the main procedural institutions (in particular dealing with jurisprudential opinions) and understanding of the relationship between procedure law and substantive law (civil law). With reference to this objective, supplementary didactics and directed study will be provided. Communication skills At the end of the course students are expected to be able to communicate, at least in oral communication, the acquired knowledges with linguistic competence (i.e. using the specific language) so as to be understood also by specialized counterparties and consultants (i.e. lawyers, judges, notaries, public official) Learning skills At the end of the course students are expected to be able to carry on with civil procedure law studies and to orientate themselves towards the various procedural issues also dealing with the changing of civil procedure rules, basing on the acquired knowledge of the fundamental principles of the procedure system
Channel 1
CLAUDIO CONSOLO
Lecturers' profile
Program - Frequency - Exams
Course program
The course focuses on the civil procedure law and covers the following areas:
- civil procedure law and its sources; framework of civil judicial protection under Constitutional principles and according to Italian civil code; the principle of party prosecution (and the analysis of civil claim); forms of civil judicial protection: (i.e. action for declaration and action for compensation); plea and counterclaim; burden of proof; judgments and their effects; res judicata.
- procedure requirements; civil jurisdiction and translatio iudicii; competence and its modifications (i.e. choosing the proper court); jurisdiction, recognition and enforcement of judgments in civil and commercial matters according to European Union law; specific proceedings before the Italian Supreme Court to determine jurisdiction and competence; capacity to sue and to be sued; legal representation before the courts; interest in the action and legitimatio ad causam.
- the judge and the procedure acts; voidness of procedure acts; procedure terms.
- ordinary proceedings and its relevant phases; judgment by default; evidentiary phase and evidences; semplified proceedings; comparison between ordinary civil proceedings and labor proceedings.
- rules governing joinder of parties and claims both on fist instance and on appeal.
- rules concerning challenging judgments: appeal before court of appeal, petition before Supreme Court, revocation; third-party challenge.
- enforcement action and proceedings; system and rules governing the opposition to the enforcement; special proceedings; provisional and interim measures (articles 474-705 c.p.c.).
- arbitration (“arbitrato rituale” e “arbitrato irrituale” in domestic Italian arbitration); arbitration agreement; relationship between arbitration proceedings and state court proceedings; challenges of arbitral award.
Prerequisites
Anche in assenza di specifiche propedeuticità previste nell’ordine degli studi, si considera indispensabile possedere prima dell’inizio dello studio la conoscenza delle fondamentali nozioni del diritto civile (a titolo esemplificativo relativi alla proprietà e ai diritti reali, alle obbligazioni e ai contratti, al risarcimento del danno, alla prescrizione e decadenza) e del diritto costituzionale (es. fonti del diritto anche comunitarie, principi del giusto processo e della giurisdizione, ruolo della Corte costituzionale)
Books
- C. CONSOLO, Spiegazioni di diritto processuale civile, vol. I (Le tutele (di merito, sommarie ed esecutive) e il rapporto giuridico processuale) e vol. II (Il processo di primo grado e le impugnazioni delle sentenze, con esclusione dei capitoli 10-12 della sezione VI, l’esclusione non riguarda il capitolo 11, sezione VI, nella parte in cui tratta del Tribunale delle Imprese e del D.lgs. n. 150/2011, che restano oggetto di esame), Torino, 2019. Costituisce oggetto di consultazione e studio anche l’appendice informatica connessa al manuale cartaceo, in cui sono inseriti – tra gli altri materiali – un nutrito elenco di domande poste nel corso dei precedenti esami e una guida di lettura.
Essenziale è l’uso e la costante consultazione di un codice di procedura civile aggiornato alle più recenti riforme.
Frequency
L’insegnamento viene svolto con lezioni frontali. È anche prevista didattica integrativa sotto la direzione del docente responsabile dell’insegnamento, anche al fine di sviluppare conoscenze applicate (i.e. anche mediante la illustrazione di casi concreti e di pronunce giurisprudenziali). Sono previsti turni di ricevimento al fine di fornire chiarimenti sulla materia e di favorire la acquisizione, da parte degli studenti, della necessaria proprietà di linguaggio La frequenza è facoltativa ma fortemente consigliata.
Exam mode
Oral examination
In order to comply with the expected learning outcomes, the following elements will be taken into consideration: the ratio and criteria followed by student in giving answers, the level of knowledge of the issues and questions asked during the examination and selected among the syllabus, the ability to make links between the subjects and to develop juridical reasoning, the language accuracy, skills in applying knowledge and in making judgements, the course attendance and the active participation to it
Students will pass the exam in case they reach at least 18/30 marks. For pass marks, students must show to have acquired key competence in the questions asked during the examination and to express the contents with ordinary linguistic competence.
For best marks (from 27/30 to 30/30 cum laude) students must show to have acquired a deep and high knowledge of issues and questions asked during the examination, to have skills in making links between the subjects and in developing juridical reasoning, to have accurate linguistic competence and skills in applying knowledge and in making judgements. The course attendance and the active participation to it will also taken into consideration.
Students are expected to enter the examination at the end of the course. In any case, examinations will be scheduled in accordance with the rules provided by the competent bodies.
The duration of the examination is difficult to be defined
Lesson mode
L’insegnamento viene svolto con lezioni frontali. È anche prevista didattica integrativa sotto la direzione del docente responsabile dell’insegnamento, anche al fine di sviluppare conoscenze applicate (i.e. anche mediante la illustrazione di casi concreti e di pronunce giurisprudenziali). Sono previsti turni di ricevimento al fine di fornire chiarimenti sulla materia e di favorire la acquisizione, da parte degli studenti, della necessaria proprietà di linguaggio La frequenza è facoltativa ma fortemente consigliata.
VALENTINA BERTOLDI
Lecturers' profile
Program - Frequency - Exams
Course program
Inglese
The course focuses on the civil procedure law and covers the following areas:
- civil procedure law and its sources; framework of civil judicial protection under Constitutional principles and according to Italian civil code; the principle of party prosecution (and the analysis of civil claim); forms of civil judicial protection: (i.e. action for declaration and action for compensation); plea and counterclaim; burden of proof; judgments and their effects; res judicata.
- procedure requirements; civil jurisdiction and translatio iudicii; competence and its modifications (i.e. choosing the proper court); jurisdiction, recognition and enforcement of judgments in civil and commercial matters according to European Union law; specific proceedings before the Italian Supreme Court to determine jurisdiction and competence; capacity to sue and to be sued; legal representation before the courts; interest in the action and legitimatio ad causam.
- the judge and the procedure acts; voidness of procedure acts; terms.
- ordinary proceedings and its relevant phases; judgment by default; evidentiary phase and evidences; simplified proceedings; comparison between ordinary civil proceedings and labor proceedings.
- rules governing joinder of parties and claims both on fist instance and on appeal.
- rules concerning challenging judgments: appeal before court of appeal, petition before Supreme Court, revocation; third-party challenge.
- enforcement action and proceedings; system and rules governing the opposition to the enforcement; special proceedings; provisional and interim measures (articles 474-705 c.p.c.).
- arbitration (“arbitrato rituale” e “arbitrato irrituale” in domestic Italian
arbitration); arbitration agreement; relationship between arbitration proceedings
and state court proceedings; challenges of arbitral award.
Prerequisites
It is considered preparatory the study of civil law
Also in absence of specific provision, it is considered fundamental the kwonledge of public and constitutional law
Books
- C. CONSOLO, Spiegazioni di diritto processuale civile, vol. I (Le tutele (di merito, sommarie ed esecutive) e il rapporto giuridico processuale) e vol. II (Il processo di primo grado e le impugnazioni delle sentenze, con esclusione dei capitoli 10-12 della sezione VI, l’esclusione non riguarda il capitolo 11, sezione VI, nella parte in cui tratta del Tribunale delle Imprese e del D.lgs. n. 150/2011, che restano oggetto di esame), Torino, 2019
Exam mode
Oral examination
In order to comply with the expected learning outcomes, the following elements will be taken into consideration: the ratio and criteria followed by student in giving answers, the level of knowledge of the issues and questions asked during the examination and selected among the syllabus, the ability to make links between the subjects and to develop juridical reasoning, the language accuracy, skills in applying knowledge and in making judgements, the course attendance and the active participation to it
Students will pass the exam in case they reach at least 18/30 marks. For pass marks, students must show to have acquired key competence in the questions asked during the examination and to express the contents with ordinary linguistic competence.
For best marks (from 27/30 to 30/30 cum laude) students must show to have acquired a deep and high knowledge of issues and questions asked during the examination, to have skills in making links between the subjects and in developing juridical reasoning, to have accurate linguistic competence and skills in applying knowledge and in making judgements. The course attendance and the active participation to it will also taken into consideration.
Students are expected to enter the examination at the end of the course. In any case, examinations will be scheduled in accordance with the rules provided by the competent bodies.
The duration of the examination is difficult to be defined
Channel 2
ROBERTA TISCINI
Lecturers' profile
Program - Frequency - Exams
Course program
The course focuses on the civil procedure law and covers the following areas:
- civil procedure law and its sources; framework of civil judicial protection under Constitutional principles and according to Italian civil code; the principle of party prosecution (and the analysis of civil claim); forms of civil judicial protection: (i.e. action for declaration and action for compensation); plea and counterclaim; burden of proof; judgments and their effects; res judicata.
- procedure requirements; civil jurisdiction and translatio iudicii; competence and its modifications (i.e. choosing the proper court); jurisdiction, recognition and enforcement of judgments in civil and commercial matters according to European Union law; specific proceedings before the Italian Supreme Court to determine jurisdiction and competence; capacity to sue and to be sued; legal representation before the courts; interest in the action and legitimatio ad causam.
- the judge and the procedure acts; voidness of procedure acts; terms.
- ordinary proceedings and its relevant phases; judgment by default; evidentiary phase and evidences; summary proceedings (articles 702 bis-702 quater c.p.c.); comparison between ordinary civil proceedings and labor proceedings.
- rules governing joinder of parties and claims both on fist instance and on appeal.
- rules concerning challenging judgments: appeal before court of appeal, petition before Supreme Court, revocation; third-party challenge.
- enforcement action and proceedings; system and rules governing the opposition to the enforcement; special proceedings; provisional and interim measures (articles 474-705 c.p.c.).
Prerequisites
Propedeutic: Institutions of private law.
Even in the absence of specific propaedeuticity, it is considered indispensable to have knowledge of the fundamental notions of constitutional law before the beginning of the study (e.g. sources of law, including Community law, principles of due process and jurisdiction, role of the Constitutional Court).
Books
The recommended texts are, as an alternative to each other, in their latest published edition:
F.P. Luiso, Diritto processuale civile, ultima ed., vol. I, vol. II, vol. III, vol. IV, Giuffrè, Milano;
C. Consolo, Spiegazioni di diritto processuale civile, ultima ed., vol. I, vol. II, Giappichelli, Torino;
G.P. Balena, Istituzioni di diritto processuale civile, ultima ed., vol. I, vol. II, vol. III, Cacucci, Bari;
B. Sassani, Lineamenti del processo civile italiano, ultima edizione, Giuffrè, Milano;
N. Picardi, Manuale del processo civile, ultima ed., Giuffrè, Milano;
G. Ruffini (a cura di), Diritto processuale civile, Il Mulino, Bologna.
It is also recommended the study of the volume: R. Tiscini, Le categorie del diritto processuale civile, Bologna, Zanichelli.
It is also recommended the use of a code of civil procedure updated to the latest reforms (Codice di Procedura civile a cura di E. D. Alessandro - R. Tiscini, ESI, 2025)
Recommended lectures:
R. Tiscini, Il ruolo del giudice e degli avvocati nella gestione delle controversie civili, Napoli, ESI, 2023.
B. Capponi-R. Tiscini, Introduzione al diritto processuale civile, ultima ed., Giappichelli, Torino.
Exam mode
Oral examination (in this respect, the student is required to previously make an on-line reservation through “Infostud” system).
In order to comply with the expected learning outcomes, the following elements will be taken into consideration: the ratio and criteria followed by student in giving answers, the level of knowledge of the issues and questions asked during the examination and selected among the syllabus, the ability to make links between the subjects and to develop juridical reasoning, the language accuracy, skills in applying knowledge and in making judgements, the course attendance and the active participation to it.
Students will pass the exam in case they reach at least 18/30 marks. For pass marks, students must show to have acquired key competence in the questions asked during the examination and to express the contents with ordinary linguistic competence.
For best marks (from 27/30 to 30/30 cum laude) students must show to have acquired a deep and high knowledge of issues and questions asked during the examination, to have skills in making links between the subjects and in developing juridical reasoning, to have accurate linguistic competence and skills in applying knowledge and in making judgements. The course attendance and the active participation to it will also taken into consideration.
Students are expected to enter the examination at the end of the course. In any case, examinations will be scheduled in accordance with the rules provided by the competent bodies
Lesson mode
Prof. Tiscini's official course is structured in frontal lessons. There is also supplementary teaching, in the form of exercises held by researchers and PhDs and addressed to smaller groups of students, during which - also on the basis of the proposals or solicitations of the students themselves - clarifications are offered on the most complex institutions of the civil process, also through the illustration of illustrative cases, judicial acts as well as with the examination of jurisprudential orientations. The Chair also includes remedial courses for out-of-course students.
Channel 3
ROMANO VACCARELLA
Lecturers' profile
VITTORIO VIOLANTE
Lecturers' profile
Program - Frequency - Exams
Course program
The course focuses on the civil procedure law and covers the following areas:
- civil procedure law and its sources; framework of civil judicial protection under Constitutional principles and according to Italian civil code; the principle of party prosecution (and the analysis of civil claim); forms of civil judicial protection: (i.e. action for declaration and action for compensation); plea and counterclaim; burden of proof; judgments and their effects; res judicata.
- procedure requirements; civil jurisdiction and translatio iudicii; competence and its modifications (i.e. choosing the proper court); jurisdiction, recognition and enforcement of judgments in civil and commercial matters according to European Union law; specific proceedings before the Italian Supreme Court to determine jurisdiction and competence; capacity to sue and to be sued; legal representation before the courts; interest in the action and legitimatio ad causam.
- the judge and the procedure acts; voidness of procedure acts; terms.
- ordinary proceedings and its relevant phases; judgment by default; evidentiary phase and evidences; simplified proceeding (article 281-decies e ss c.p.c.); comparison between ordinary civil proceedings and labor proceedings.
- rules governing joinder of parties and claims both on fist instance and on appeal.
- rules concerning challenging judgments: appeal before court of appeal, petition before Supreme Court, revocation; third-party challenge.
- enforcement action and proceedings; system and rules governing the opposition to the enforcement; special proceedings; provisional and interim measures (articles 474-705 c.p.c.).
Prerequisites
Specific requirement provided for in the order of studies: Istituzioni di diritto privato.
Even in the lack of specific requirement, before the beginning of the study it is considered essential to have acquired key competences in constitutional law (sources of law also in and european perspective, fundamentals of due process of law and of jurisdiction, the role of Corte costituzionale).
Books
The recommended texts are, alternatively among them: - C. CONSOLO, Spiegazioni di diritto processuale civile, vol. I (Le tutele di merito, sommarie ed esecutive e il rapporto giuridico processuale, excluding chapters 7 third section) e vol. II (Il processo di primo grado e le impugnazioni delle sentenze, excluding chapters 7 seventh section), Giappichelli, Torino, latest edition; - F.P. LUISO, Diritto processuale civile, vol. I, vol. II, vol. III, vol. IV (chapters from 1 to 8 and from 11 to 24), Giuffrè, Milano, latest edition; - B. SASSANI, Lineamenti del processo civile italiano (excluding chapters 66, 68 and 69), Giuffrè, Milano, latest edition: - G. BALENA, Istituzioni di diritto processuale civile, vol. I, vol. II, vol. III (chapters I, II and from V to XIV), Cacucci, Bari, latest edition; - G. RUFFINI, a cura di, Diritto processuale civle, vol. I. (La giustizia civile), vol. II. (La giustizia consensuale e il processo di cognizione), vol. III. (L'esecuzione forzata, i procedimenti speciali e l'arbitrato, excluding chapters from XVI to XIX and from XXVIII to XXXIX), il Mulino, Bologna, latest edition.
The use and constant consultation of a code of civil procedure updated to the most recent reforms is essential, and a civil code.
Frequency
Attendance at lectures is optional but strongly recommended.
Exam mode
Oral examination.
In order to comply with the expected learning outcomes, the following elements will be taken into consideration: the ratio and criteria followed by student in giving answers, the level of knowledge of the issues and questions asked during the examination and selected among the syllabus, the ability to make links between the subjects and to develop juridical reasoning, the language accuracy, skills in applying knowledge and in making judgements, the course attendance and the active participation to it
Students will pass the exam in case they reach at least 18/30 marks. For pass marks, students must show to have acquired key competence in the questions asked during the examination and to express the contents with ordinary linguistic competence.
For best marks (from 27/30 to 30/30 cum laude) students must show to have acquired a deep and high knowledge of issues and questions asked during the examination, to have skills in making links between the subjects and in developing juridical reasoning, to have accurate linguistic competence and skills in applying knowledge and in making judgements. The course attendance and the active participation to it will also taken into consideration.
Students are expected to enter the examination at the end of the course. In any case, examinations will be scheduled in accordance with the rules provided by the competent bodies.
The duration of the examination is difficult to be defined.
Lesson mode
The subject will be taught with lectures (held through telematic tools due to the health emergency) by prof. Romano Vaccarella, who is responsible for the course, and by prof. Vittorio Violante. Supplementary teaching (such as seminars) will be also provided under the direction of the teacher responsible for the course, also in order to develop applied knowledge (i.e. through the illustration of cases and jurisprudential pronouncements). Meeting with students will be planned in order to provide clarification on the subject and to facilitate the acquisition of the due properties of language. Attendance at lessons is optional but strongly recommended.
- Lesson code1009240
- Academic year2024/2025
- Courselaw
- CurriculumSingle curriculum
- Year4th year
- Semester2nd semester
- SSDIUS/15
- CFU14
- Subject areaProcessualcivilistico