Ateneo - UPO

The annual course aims to introduce students to civil procedural law, both in its theoretical foundations and in its current legal framework, while also revisiting substantive law from the perspective of procedural mechanisms.

• E. MERLIN, Elementi di diritto processuale civile, I, Parte generale, Giappichelli, latest edition available
Students may choose among the following texts to prepare for the remaining parts of the course:

• F.P. LUISO, Diritto processuale civile, vol. II, III, IV (without vol. V), Giuffrè, latest edition availablee.
The following sections may be excluded:
Vol. III: General principles of sale and allocation; specific types of forced sale; enforcement against undivided property; suspension and termination of enforcement proceedings.
Vol. IV: Family proceedings; special procedures for dismissals; proceedings against administrative sanctions.
Alternatively,

• G. BALENA, Diritto processuale civile, Vol. II e III, Cacucci, latest edition available.

the following sections may also be excluded:
Vol. III: Proceedings concerning persons, minors, and families; suspension and termination of enforcement proceedings; arbitration.

Students are strongly advised to supplement the study of textbooks with a careful reading of relevant legal provisions.
An up-to-date edition of the Italian Code of Civil Procedure is therefore essential.

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.

Classes will be held in person.
For selected parts of the course, the instructor will use PowerPoint slides, which will be made available to students once the corresponding topic has been covered in class.

Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/servicesstudents-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the tutor in charge of the course to define the examination modalities, concerning academic aspects.

The final exam is designed to assess whether students have achieved the learning objectives outlined above.
The exam will be conducted orally and may be divided into two parts:
Part I: General principles and cognition proceedings (including appeals).
Part II: Summary, interim, special proceedings, and enforcement.
Students may also opt to take the exam in its entirety during a single exam session.
The final grade, expressed on a 30-point scale, will equally reflect:
the student’s ability to articulate arguments both qualitatively and quantitatively,
their critical understanding of the topics covered,
and their capacity to interconnect different parts of the course and provide relevant examples.
To pass the overall exam, students must achieve a minimum grade of 18/30 in each part, demonstrating a solid understanding of the respective sections of the syllabus in their entirety.

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:
Jurisdiction and proceedings: definitions, limits, and constitutional safeguards.
General provisions and guiding principles of civil procedure.
The res judicata effect and its boundaries.
Cognition proceedings: ordinary and special procedures.
Rules governing appeals, with specific focus on appellate and Supreme Court proceedings.
Summary, interim (cautelary), and special proceedings.
Enforcement procedures.

Knowledge of the ordinary civil trial and special proceedings