00233 - Civil Procedure Law (M-Q)

Learning outcomes

The course aims to make students familiar with the basic aspects and institutions of civil procedural law.

Course contents

For ordinary students, the course includes eight units:

a) Principles and basic concepts of civil procedural law;

b) First instance proceedings;

c) Appeals;

d) Enforcement;

e) Interim, special and summary proceedings;

f) Labour law proceedings;

g) Mediation and conciliation;

h) Arbitration;

i) European law on civil procedure.

* * *

For Socrates/Erasmus students (16 credits) the program is:

a) Principles and basic concepts of civil procedural law;

b) First instance proceedings;

c) Appeals;

d) Summary proceedings;

e) Arbitration

f) Interim  proceedings;

g) Medation and conciliation

h) European law on civil procedure.

* * *

For Italian students attending the module “Diritto processuale civile e ordinamento giudiziario francese”, the program for the part of “Diritto processuale civile” includes:

a) Principles and basic concepts of civil procedural law;

b) First instance proceedings;

c) Appeals;

d) Principles of enforcement and of interim proceedings;

e) Mediation and conciliation;

f) Arbitration;

g) European law in matter of civil procedure.

Readings/Bibliography

The following textbooks are recommended:

a) BIAVATI, Argomenti di diritto processuale civile, 4th edition, Bononia University Press, 2020 (886 pages) and BIAVATI, L'architettura della riforma del processo civile, BUP, 2021 (from p. 9 to p. 65)" available in "open access" at the following site: https://buponline.com/az13zg/uploads/woocommerce_uploads/oa-1-983-biavati-architettura-della-riforma.pdf

It is also possible to use:

MANDRIOLI, CARRATTA, Corso di diritto processuale civile, 18th edition, editio minor, Giappichelli, 2021, vol. I, II e III (this one only on pp. 1- 231, 273-313, 327-368 (982 pages).

 

b) One of the following texts, at student's choice:

BIAVATI-LUPOI, Regole europee e giustizia civile, 4nd edition, Bononia University Press, 2022. In this book, chapters by Biavati, Lupoi, Porcelli and Rasia are mandatory; other two chapters should be chosen among the remaining ones (150 pages about)

or

ZUCCONI GALLI FONSECA, Lezioni di Diritto dell'arbitrato, Bononia University Press, 2021, disponibile in open access e scaricabile dal sito della BUP gratuitamente al seguente indirizzo: https://buponline.com/az13zg/uploads/woocommerce_uploads/d-1-877-zucconi_diritto-dellarbitrato_ot.pdf

or

C.RASIA, Civil Procedure in the European Union, Kluwer International, 2022 (english text), pag. 17 to pag. 108 (91 pages).

or

E.ZUCCONI GALLI FONSECA- C.RASIA, Arbitration Law in Italy. Domestic and international perspectives, Kluwer, 2020, (english text), three chapters of your choice.

* * *

Socrates/Erasmus students programs depend on the needed number of credits. Unless otherwise specified, the program includes:

a) BIAVATI, Argomenti di diritto processuale civile, 5th edition, Bononia University Press, 2020, only follwing paragraphs: 1-68, 74-76, 78-95 and 108, and BIAVATI, L'architettura della riforma del processo civile, BUP, 2021 (from p. 9 to p. 65)" available in "open access" at the following site: https://buponline.com/az13zg/uploads/woocommerce_uploads/oa-1-983-biavati-architettura-della-riforma.pdf

b) BIAVATI-LUPOI, Regole europee e giustizia civile, 4rd edition, Bononia University Press, 2022, chapters by Biavati, Lupoi, Porcelli and Rasia are mandatory; other two chapters should be chosen among the remaining ones (150 pages about).

* * *

For Italian students attending the course “Diritto processuale civile e ordinamento giudiziario francese” the following texts are recommended:

BIAVATI, Argomenti di diritto processuale civile, 5th edition, Bononia University Press, 2020, only following paragraphs: 1-68 (537 pages) and BIAVATI, L'architettura della riforma del processo civile, BUP, 2021 (from p. 9 to p. 45)" available in "open access" at the following site: https://buponline.com/az13zg/uploads/woocommerce_uploads/oa-1-983-biavati-architettura-della-riforma.pdf

 

BIAVATI-LUPOI, Regole europee e giustizia civile, 4rd edition, Bononia University Press, 2022. In this book, chapters by Biavati, Lupoi, Porcelli and Rasia are mandatory (144 pages about).

Teaching methods

Lectures will be done by prof. Carlo Rasia (charged of the course) and by prof. Brunella Brunelli (charged of the module).

Classes will be taught in the first and in the second semester. Students attending the course in 2021/2022 will be allowed to take the exam from May 2023.

During the lessons, questions and interventions of the students are welcome. Short seminars may be organized on demand.

In parallel to the lessons, on students' demand, one or more practices will take place face to face or online, lasting about 2 hours, consisting in the concise illustration of a topic by the teacher and in the delivering to the students of an open-ended question, in the drafting by students of a written text following the instructions set out above (within the time limits and according to the extension indicated by the teacher), finally in the self-correction by the students following a description by the teacher of the optimal methods and contents of the written answer, leaving the students time for questions and request for verification of any errors.

Frequency is strongly recommended.

Assessment methods

The oral exam is aimed at verifying the knowledge of the subject, the use of the correct terminology and the problem solving ability.

The students’ knowledge is assessed through a discussion, to evaluate the actual achievement of the learning outcomes. The exam consists in an interview with the appointed commission on the topics included in the programme.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking.

By way of example, the following criteria will be used to assign the final mark (that will be out of 30/30):

• knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19/30;
• knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;
• comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;
• extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.

Teaching tools

The teacher will use the e-learning Platform.

Office hours

See the website of Carlo Rasia

See the website of Brunella Brunelli