00233 - Civil Procedure Law (D-L)

Learning outcomes

At the end of the course, a student will acquire a very good knowledge of the Italian procedural system, not only regarding the process structure, but also passing through an extensive discussion about constitutional and general principles.

The purpose is twofold: on one hand to know the concepts, the notions and the main theories of the system of procedural law; on the other hand, to acquire the skills that consist in applying the knowledge acquired to the concrete case.

 

Course contents

 

For the course "laurea magistrale» the program is:

General principles; ordinary proceedings; appeals; enforcement proceedings; interim relief; special proceedings; arbitration; mediation; European procedural rules.

The matter «Arbitration» is not included in the program if students have already passed or are going to take the exam of «Domestic and international arbitration".
The matter «European procedural rules» is not included in the program if students have already passed or are going to take the exam of «European procedural law».

The students are supposed to certified themselves they have included these exams (one or both) in their studies' program or to have already passed one or both of them.

Students could settle the substitution of a part of the program by attending the seminary (during the second semester) in the subject of mediation and negotiation.

In the second semester another seminar will be held, whose detailed program will be published on prof. Carlo Rasia page, entitled "Process laboratory: a case of sports arbitration": the seminar will require the active participation of attending students, with the help of a downloadable text in "open teaching" (Zucconi Galli Fonseca-Rasia, Laboratory of arbitration in sport, 1.0, Bup).

Readings/Bibliography

 

Textbooks / Biography

 

For the course «laurea magistrale» (letters M-Q) :

 

a) following texts are recommended:

 

P. BIAVATI, Argomenti di diritto processuale civile, Bologna, latest edition; for updates look on-line at www.buponline.com , in the section «materiali didattici»; it is also to integrate with process ion the matter of family law.

 

or in alternative

C. MANDRIOLI, A. CARRATTA, Corso di diritto processuale civile, editio minor, ult. ed. disp., Giappichelli, vol. I, II e III (sect. II of chapt. XII; sect. III of chapt. XIII; chapt. XIV are not included).

 

It will be also possible to study on other texts. 

It must be also examined the content of the law no. 206 of 26 November 2021 using the text BIAVATI, The architecture of the reform of the civil process, Bononia University Press, 2021, p. 1-65 (the rest is optional), available in open teaching on the publisher's website

 

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

 

E. ZUCCONI GALLI FONSECA, Lezioni di diritto dell'arbitrato, Bononia University Press, 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). The second edition is available for free download as part of the Unibo project "open teaching" on the website of the Bononia University Press at the following link

https://buponline.com/prodotto/lezioni-di-diritto-dellarbitrato/

P. BIAVATI-M.A. LUPOI, Regole europee e giustizia civile, latest edition, Bononia University Press, capp. I, II, III and two other chapters at student's choice.  

A. GIUSSANI, Corso di diritto processuale delle imprese, Bononia University Press, 2015

E. ZUCCONI GALLI FONSECA - C. RASIA, Arbitration law in Italy, Cedam-Kluwer 2020, chapts. 2, 3, 4.

 

For those attending the lessons, it is advisable to use Biavati's text, along with the content of the lessons.

 

useful L. QUERZOLA (a cura di), Fonti di diritto processuale civile, Giappichelli, latest edition, for law sources.

 

The same program for foreign students of Erasmus, Socrates o Tempus, with particular reference with the course they are attending. In exceptional cases, it would be possible to arrange a specific program.

 

This program will be effective from summer 2020, also for «four-years students» Vod/Nod (D-L).

 

***

 

«Three-years» graduates who must take the exam «attività integrative»(only letters D-L), or those who chose to pass to the course laurea magistrale, (who have already pass the exam «diritto processuale civile I»), from summer 2017:

 

a) P. BIAVATI, Argomenti di diritto processuale civile, Bologna, latest edition, chapters IV, V, VI, VII;

or in alternative

C. MANDRIOLI, A. CARRATTA, Corso di diritto processuale civile, editio minor, ult. ed. disp., Giappichelli, vol.  III (sect. II of chapt. XII; sect. III of chapt. XIII; chapt. XIV are not included).

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

E. ZUCCONI GALLI FONSECA, Lezioni di diritto dell'arbitrato, Bononia University Press, 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). The second edition is available for free download as part of the Unibo project "open teaching" on the website of the Bononia University Press at the following link

https://buponline.com/prodotto/lezioni-di-diritto-dellarbitrato/

P. BIAVATI-M.A. LUPOI, Regole europee e giustizia civile, latest edition, Bononia University Press, capp. I, II, III and two other chapters at student's choice.

A. GIUSSANI, Corso di diritto processuale delle imprese, Bononia University Press, 2015

E. ZUCCONI GALLI FONSECA - C. RASIA, Arbitration law in Italy, Cedam-Kluwer 2020, capp. 2, 3, 4.

 

***

 

«Three-years» graduates of the course «Operatore giuridico di impresa» (Ravenna, letters D-L), who need to recover n. 3 credits, in alternative: P. BIAVATI, Argomenti di diritto processuale civile, Bologna, latest edition, chapter III 

 

***

 

 

Teaching methods

Lectures will be done by prof.ssa Elena Zucconi Galli Fonseca (charged of the course) and dott.ssa Giulia Canella. 

Teaching will be divided into lectures, with presentation of the topics covered by the course, through the use of slides, examination of case law on specific issues and the analysis of judicial documents. Students are expected to participate actively, with presentations to the class of specific topics or case law.


Students will be able to retrace what has been done during the lesson through the registration (which can be done on the teacher's website) in the e-learning virtual course, organized for individual topics; here the students can find all related materials, the references to pages of the text, some useful insights, self-assessment tests and others. The virtual course will also be used for the preparation of the simulated case and for the other activities carried out by the participants during the lessons.

In the second semester, a simulated process with special tutors, a visit to attend a forced sale and a meeting dedicated to one or more forensic professions will be organized.

The course will take place on the first and the second semester and the exam could be taken only since the month of may (end of the second semester).

In the second part of the academic year a mock trial will be arranged.

In parallel to the lessons, 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.

The thesis will be agreed directly with the teacher: more detailed seminars will be provided

 

 

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

Presentations and other material (doctrine, jurisprudence, etc.) will be used during lessons; the student will then be able to rethink the lessons learned by accessing the virtual course in e-learning.

Students who for reasons of disability or specific learning disabilities (DSA) need compensatory tools will be able to inform the teacher of their needs so as to be directed to the Referents and agree on the adoption of the most appropriate measures.

 

Office hours

See the website of Elena Zucconi Galli Fonseca

See the website of Maria Giulia Canella