00233 - Civil Procedure Law (A-C)

Course Unit Page

SDGs

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

Quality education Peace, justice and strong institutions

Academic Year 2021/2022

Learning outcomes

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

Procedural law is not an easy topic. Two main difficulties are to be pointed out: the lack of practical experience and the need to use a very technical language.

Therefore, the goal of the course (with the help of an adequate handbook) consists in introducing students to the matter, developing their interest and pointing out social problems linked to proceedings. They should become able to understand that civil justice has relevant consequences on the daily life of many people.

Proceedings are a machinery which brings to decisions on controversies. Each single institution deals with a part of such machinery, which is ruled because of specific reasons: the rules often change and are different in different countries. The courts should decide cases justly and rules are helpful when they are consistent with this goal. Students must not only learn rules, but above all become able to get a critical approach to problems.

The course must take in account the concrete situation of civil justice in Italy and the connections with the EU law and the international globalization. The ethic perspective shall be considered too.

Course contents

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) Arbitration;

h) European law on civil procedure.

Unit g) is not compulsory for students who include the “Internal and international arbitration law” module in their study plan, or have already passed the examination in the same module.

Unit h) is not compulsory for students who include the “European Union procedural law” module in their study plan, or have already passed the examination in the same module.

For Socrates/Erasmus students the program is detailed in the paragraph “Readings/bibliography".

Readings/Bibliography

The following textbooks are recommended:

a) BIAVATI, Argomenti di diritto processuale civile, 5th edition, Bononia University Press, 2020 (874 pages), and the free updates that will be published on the website www.buponline.com, in the section “teaching materials”.

PICARDI, Manuale del processo civile, 4 th edition, Giuffré, 2019 (except chapter XXVI) (802 pages)

As far as it concerns the reform of civil proceedings (l. n. 206, November 2021, 26 th) the book BIAVATI, L'architettura della riforma del processo civile, Bononia University Press, 2021, is now freely available in open teaching in the editor's website. Pages 1-65 are mandatory; the following pages may be read at students' choice.    

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

BIAVATI-LUPOI, Regole europee e giustizia civile, 3rd edition, Bononia University Press, 2017. In this book, chapters by Biavati, Lupoi and Porcelli are mandatory; other three chapters should be chosen among the remaining ones (130 pages about). A new edition is going to be prepared

or

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

or

ZUCCONI GALLI FONSECA, Lezioni di diritto dell'arbitrato, Bononia University Press, 2021, available in Open teaching, pages 15-135 (120 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, chapters I, II, III and V, 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, on the chapters above specified (130 pages about).

Graduate students of "Consulente del lavoro" and "Operatore giuridico d'impresa” di Ravenna should fulfil the failing 7 credits by preparing on the following texts: BIAVATI, Argomenti di diritto processuale civile, 5th edition, 2020, paragraphs 58-68, 74-108 and BIAVATI-LUPOI, Regole europee e giustizia civile, 3rd edition, Bononia University Press, 2017, on the chapters above specified.

Teaching methods

Classes will be taught in the first and in the second semester. Students attending the course in 2020/2021 will be allowed to take the exam from May 2021.

It is expected that attending to lessons may be helpful.

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

During the first semester (autumn 2021), classes will be taught as far as allowed by the Covid emergency: so, very probably, both in presence and on line.

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 evaluation shall take into account: the knowledge of the subject, in every part; the ability to connect the different parts and to reason critically; the use of an adequate technical language; the good level of the exposition.

Teaching tools

Professor and assistants are fully available to help and give support to students in the fixed hours. 

Office hours

See the website of Paolo Biavati