00233 - Civil Procedure Law (A-C)

Learning outcomes

At the end of the course, a student will acquire in-depth knowledge of civil procedural law institutions, with particular attention to the process, the enforcement , special proceedings, mediation and arbitration, along with notions of the judicial system and legal ethics.

Course contents

General principles. The system of dispute resolution. Mediation. Arbitration. Jurisdiction and the system of its limits. Declaratory, constitutive and condemnatory judgments. The right of action. Interest in bringing an action and standing to sue. The defendant's defences. Res judicata and its limits. Types of proceedings. The judge. Jurisdiction and venue. The public prosecutor. The parties and their legal representatives. Liability for costs and damages. Joinder of parties. Third-party intervention. Succession in the proceedings. Parties' procedural acts. Judicial measures. Communications and service of process. Time limits and invalidity of procedural acts. European rules in civil procedure (first semester).

Ordinary civil proceedings on the merits. Determination of the subject matter of the dispute. The judge's role in relation to the law and to the facts. Burden of proof. Means of evidence, with particular reference to individual forms of evidence. Conduct of first-instance proceedings. Interim orders. The court's decision and its enforceability (first semester).

Appeals against judgments in general. Appeal on jurisdiction. Appeal. Appeal to the Supreme Court (Court of Cassation). Revocation. Third-party opposition (first/second semester).

Special forms of ordinary civil proceedings. Family proceedings. Employment proceedings. Simplified proceedings (second semester).

Enforcement proceedings. Enforcement order and demand for compliance (precetto). Enforcement by compulsory execution against assets: general rules, attachment, judicial sale and allocation, distribution of the proceeds, and competition among creditors. Enforcement for delivery and release of property. Specific performance of obligations to do or not to do. Opposition proceedings. Stay and termination of enforcement proceedings (second semester).

Interim and possessory proceedings (second semester).

Special proceedings. Order for payment proceedings. Eviction validation proceedings. Proceedings in chambers (second semester).

Readings/Bibliography

Recommended Texts for the Examination

For the Master's Degree Programme (students with surnames A–C)

E. Zucconi Galli Fonseca, Temi ed esercizi sul processo civile (Topics and Exercises on Civil Procedure), Giappichelli, Turin, latest available edition.

Together with

P. Biavati, Argomenti di diritto processuale civile (Topics in Civil Procedural Law), Bologna, latest available edition (updates are published periodically on the website www.buponline.com, under the "Teaching Materials" section).

From Biavati's book, the following sections are excluded from the examination:

• Chapter I: all sections except §§14 and 15

• Chapter II: §§19, 20, 28, and 29

• Chapter III: §42

• Chapter IV: §§58, 59, 60, and §68 (only the part concerning third-party opposition is excluded)

• Chapter V: §§80, 81, 83, and 88

• Chapter VIII: the entire chapter

As an alternative to Biavati's textbook, students may use other texts, such as Mandrioli & A. Carratta, Corso di diritto processuale civile, Editio Minor, latest available edition, Giappichelli, Volumes I, II, and III, provided that the sections to be excluded from the examination are agreed upon with the teacher.

Additional teaching materials are available on the University's Virtuale platform and will be used during lectures for practical exercises, in-depth study and workshop activities.

Students are strongly encouraged to make constant reference to the Code of Civil Procedure. They may also consult S. Boccagna (ed.), Codice di procedura civile sistematico, Giappichelli, latest available edition.

For international students participating in the Erasmus, Socrates or Tempus programmes, the same syllabus applies, depending on the degree programme attended and the number of credits to be earned, subject to any specific arrangements agreed with the lecturer.

This syllabus shall apply from the Summer Examination Session 2027 onwards and shall also apply to students enrolled in the former four-year degree programme (Vod/Nod) (A–C).

Students holding a Bachelor's degree who, after enrolling in the Master's programme, are required to complete the supplementary course requirements (A–C only), as well as students who, although not holding a Bachelor's degree, have transferred to the Master's programme and have already passed an examination on the General Principles of Civil Procedure, may take the examination on the basis of the following textbook:

a) P. Biavati, Argomenti di diritto processuale civile, Bologna, latest available edition, Chapters III, IV, V, VI and VII.

Alternatively, students may choose other textbooks, such as:

Mandrioli, A. Carratta, Corso di diritto processuale civile, editio minor, latest available edition, Giappichelli, Volume III (excluding Section III of Chapter II, Chapter IV and Chapter XV). The teacher is available to advise students on the choice of textbook.

Students may replace selected chapters and sections of the chosen textbook (to be agreed with the teacher) with parts of the volume Zucconi Galli Fonseca E., Temi ed esercizi sul processo civile, Giappichelli, Turin, 2025.

Additional teaching materials are available on the University's Virtuale platform and will be used during lectures for practical exercises, in-depth study and workshop activities.

Teaching methods

The course will be taught by Professor Elena Zucconi Galli Fonseca. Attendance is recommended.

Teaching will consist of a systematic presentation of the topics covered by the course, supported by outlines and slides, followed by the discussion of selected case law on specific issues, the analysis of judicial documents, and in-depth examination of particular topics with the aid of multimedia materials. Students are expected to participate actively through the formation of working groups, class presentations on specific topics or judicial decisions, and workshops devoted to the drafting of procedural documents and the analysis of practical cases. Innovative teaching methods will also be employed, including concept questions and the flipped classroom approach. Some class sessions will be devoted to the active review of the topics covered during the course.

Students will be able to review the material covered in class by enrolling in the University's Virtuale e-learning course, which is organised by topic and includes the relevant teaching materials, references to the corresponding sections of the textbook, additional readings, self-assessment tests, surveys, and other learning resources.

During the second semester, a mock trial will be organised under the supervision of qualified tutors.

In parallel with the lectures, one or more practical sessions will be held, either in person or online. These sessions will consist of a brief introduction to a topic by the lecturer, followed by an open-ended question to be answered by the students in writing. Students will prepare their written responses in accordance with the instructions previously provided, within the prescribed time limit and length established by the instructor responsible for the exercise. This will be followed by a self-assessment activity, during which the lecturer will explain the preferred structure and substantive content of an effective written answer, while also providing students with the opportunity to ask questions, discuss specific issues in greater depth, and seek feedback on any mistakes they may have made.

The course will be taught during both the first and second semesters. Accordingly, students who obtain the certificate of attendance during the current academic year will be eligible to sit the examination from May onwards.

Assessment methods

Oral examination

The exam will focus on the topics indicated in the "Course contents" section.


The evaluation of the test will be carried out taking into consideration:


• knowledge of institutional profiles • ability to analyze the jurisprudential and doctrinal guidelines; • ability to make connections between the different parts of the program; • ability to develop critical arguments; • articulation of the exposure; • exposure accuracy

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.

Thesis

Frequency is a preferential criteria: the argument will be chosen after a meeting with professor Elena Zucconi Galli Fonseca.

Teaching tools

The lessons will be supported by teaching materials, slides, court rulings, and other multimedia materials. For further details, please refer to the paragraph on "teaching methods."

The lesson outline and all materials are accessible through the virtual course, which also allows for active participation in exercises, self-assessments, and other activities as they are announced.

Students who, due to disabilities or specific learning disorders (DSA), require compensatory tools, can inform the instructor of their needs so that they can be directed to the appropriate contacts and agree on the most suitable arrangements. Please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Office hours

See the website of Elena Zucconi Galli Fonseca