Ateneo - UPO

The annual course deals with the general principles of civil procedure and its typical institutions, both with respect to litigation where two parties are involved and with regard to multi-party litigation. The second part of the course deals with the rules of the first instance and appellate ordinary trial;it ends with the rules of the enforcement proceedings, i.e. the implementation of the judgment or order. The third part of the course is about special proceedings, that offer different techniques for the protection of civil rights, with particular attention to interim remedies.

Mandrioli-Carratta, Diritto processuale civile, Giappichelli, Torino
Luiso, Diritto processuale civile, Giuffrè, Milano

The course aims to provide a comprehensive knowledge of civil procedure, both with respect to its fundamental principles and with regard to its particular rules; the part dedicated to special proceedings pursues the same objective.

The course is based on traditional lectures. Attendance is recommended

The oral exam aims to check the understanding of the principles and rules of civil procedure and of each special proceeding.

The objective of the annual course is to address the whole civil process as far as the ordinary procedure,the enforcement phase, and, finally, the special proceedings are concerned. The course will analyze:
- the constitutional principles of civil procedure;
- the techniques for the protection of civil rights;
- the conditions for the award of the lawsuit on the merits;
- multi-party litigation;
- the legal certainty and the issue of res judicata;
- the first instance trial, with particular attention to evidence and the individual evidentiary means;
- the general rules of appeals and the individual means of review;
- the labour proceedings, compared to the ordinary proceeding;
- the structure of enforcement proceeedings and he enforcement techniques applicable to the different cases, also with regard to the general principles of enforcement provided for by the Civil Code; more in details, the distraint of personal property and real estate; execution of orders for delivery of goods or vacation of real estate; execution of obligations to do and not to do something; Oppositions; Suspension and termination of the proceedings;
- the principles, rules and techniques of the several special proceeduresthat are acquiring more and more importance in our legal system; and in particular the order for payment procedure; the eviction procedure; the uniform procedural rules applicable to interim remedies and the individual measures; possessory proceeding; divorce; the judicial interdiction and incapacitation; common rules applicable to the proceedings in camera; the recognition of foreign judgments; arbitration.

knowledge of the ordinary civil trial and special proceedings