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.

This course will aim to address the entire civil process in ordinary practice, the execution of judgments, and, finally, in special procedures.

The course shall examine:
- constitutional principles of civil procedure
- techniques for the protection of rights
- conditions for deciding the dispute on the meritse
- multi-party proceedings;
- the issues of certainty and res giudicata
- the fact-finding phase in the first instance proceedings with particular attention to gathering proof and specific pieces of evidence;
- appeals in general and specific means of appeal;
- labor proceedings as compared to ordinary jurisdiction procedures;
- the structure and mechanisms of the execution procedure, in its various forms that may be utilized, with additional regard to general principles of forced execution governed by the civil code; and in particular attachment of personal and real property; orders for delivery or release; execution by way of obligations to undertake actions or not to act; oppositions; suspension and termination of the process;
- the principles, rules and mechanisms of the various special procedures that are ever more important in our legal system; and in particular the order for payment procedure; the eviction validation procedure; uniform interim proceedings and protective measures (seizure, anticipated further illegal acts and damages; preventative investigation; urgency); ownership proceedings; spousal separation; divorce; disqualification and incapacitation; ordinary in camera proceedings; the effect of foreign judgments; arbitration.

Knowledge of the ordinary civil trial and special proceedings