35648 - Civil Procedure Law and French Judicial Organization

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 the free updates that will be published on the website www.buponline.com, in the section “teaching materials”

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, 3nd edition, Bononia University Press, 2017. In this book, chapters by Biavati, Lupoi, Porcelli and Rasia are mandatory; other two chapters should be chosen among the remaining ones (130 pages about)

or

ZUCCONI GALLI FONSECA, Diritto dell'arbitrato, Bononia University Press, 2016, three chapters at student's choice, between chapt. 6; chapt. 7; chapt. 8; chapt. 10; chapt. 11; chapt. 12; chapt. 15; chapt. 16 (paragraphs in smaller character are optional).

or

P.BIAVATI -C.RASIA, Civil Procedure in the European Union, Kluwer International, 2019 (english text), pag. 15 to pag. 100 (75 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.

or

A. GIUSSANI, Corso di diritto processuale delle imprese, Bononia University Press, 2015 (102 pages)

* * *

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 the free updates that will be published on the website www.buponline.com, in the section “teaching materials”

b) BIAVATI-LUPOI, Regole europee e giustizia civile, 3rd edition, Bononia University Press, 2017, chapters by Biavati, Lupoi, Porcelli and Rasia are mandatory; other two chapters should be chosen among the remaining ones (130 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, 80-88, 89, 96, 108 (600 pages), and the free updates that will be published on the website www.buponline.com, in the section “teaching materials”

BIAVATI-LUPOI, Regole europee e giustizia civile, 3rd edition, Bononia University Press, 2017. In this book, chapters by Biavati, Lupoi, Porcelli and Rasia are mandatory; other two chapters should be chosen among the remaining ones (130 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 2022.

Due to the COVID-19 emergency, lessons will be held in mixed mode (partly in attendance and partly online). Frequency is strongly recommended and will be allowed in both modes (in presence and online).

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 Isabelle Fortune Boucobza

See the website of Soraya Amrani Mekki