11935 - Civil Procedure Law II

Learning outcomes

The course has an institutional nature and aims at making the students achieve the basic systematic knowledge in relation to the judicial protection of rights and the use of the civil process as a tool for the implementation of such protection. Starting from the examination of the general principles of the subject, the analysis moves to the process of cognition, in its various articulations, and then to the executive protection and the so-called special procedures.

Course contents

The course will be held in the second semester and is the natural development of the Civil Procedure Law I course.

The course will be devoted to the study of: special models (Labor disputes and Family law proceedings); special proceedings (the injunction procedure; lease proceedings; in-chambers proceeding); interim proceedings enforcement; arbitration and mediation.

Master's degree students who have taken the supplementary exam of “Diritto processuale generale” shall follow the standard exam syllabus.

Students who have taken the exam of “Diritto processuale generale” in the course of “Laurea triennale di Operatore giuridico di impresa” or exam of “Tutele Giurisdizionali” in the course of Laurea Triennale di G.i.p.a. or the equivalent exam of “Corso di Consulente del Lavoro Unibo”, need to supplement their civil procedural law activities: please, refer to the course webpage “Diritto processuale civile I” (prof. M.A. Lupoi).

Readings/Bibliography

P. BIAVATI, Argomenti di diritto processuale civile, Bologna, latest available edition; updates are periodically published on the website www.buponline.com, in the "materiali didattici" section, from after Appeals against the judgment in general onward.

F.P. LUISO, Diritto processuale civile, IV, Milano, 2025, only Family law proceedings

Constant reference to the normative text is important. 

Teaching methods

Lectures will be done by prof. Elena Gabellini (in charge of the course) and by the designated holder of the teaching module.

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. There will also be written exercises on the legal issues included in the syllabus, aimed also at preparing for the final exam.

The lectures will take place during the second semester.

Attendance, although not mandatory, is highly recommended due to the complexity of the subject. Active student participation will be encouraged during the lectures.

Assessment methods

The final examination aims to assess the knowledge of civil procedural law institutions and the ability to develop connections and critical arguments within the subject.

The final examination consists of a written examination structured as follows:

part I) solution of a practical case in the form of an opinion (up to 10 points): duration 90 minutes. The use of the Civil Code and the Code of Civil Procedure (without commentary) is permitted.

Part II) two open-ended questions (up to 5 points per question): duration 40 minutes. Civil Code and Code of Civil Procedure (not commented) allowed

Part III) eleven multiple choice questions (each correct question is worth one point, no penalty for wrong answers): duration 22 minutes.

The result of the written test will be communicated within the following five days by means of a notice published on the teacher's web page. Within the following five days, the student may notify the teacher by email that he/she wishes to take an additional oral test to improve the result obtained in the written paper. Failing such communication, the result of the written test will be recorded.

The grade of the Civil Procedure Law II exam, if positive, is added to that of Civil Procedure Law I. Failure to pass the second module prevents the overall exam from being passed. In other words, students who choose to split the exam into two parts (Module I and Module II) must successfully pass both parts in order to pass the exam.

The exam can only be taken after passing the Constitutional Law and Private Law (Institutions of Private Law) exams.

Students with learning disorders and/or temporary or permanent disabilities: 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.

Final dissertation: there is no waiting list for the granting of the dissertation. The title is decided together with the professor.

Teaching tools

The teacher will use the e-learning Platform and the student will thereby find all the material discussed and analyzed in class.

Office hours

See the website of Elena Gabellini

See the website of