Law and Economics of Real Estate

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 learning objective, supplementary didactics and directed studies will be provided