Luigi IANNICELLI | BUSINESS LAW:JURISDICTION AND ADR

cod. 0112100017

BUSINESS LAW:JURISDICTION AND ADR

	0112100017
	DEPARTMENT OF LAW
	EQF6
	BUSINESS AND NEW TECHNOLOGIES LAWYER
	2023/2024

PERCORSO UNIQUE CURRICULUM

	OBBLIGATORIO
	YEAR OF COURSE 3
	YEAR OF DIDACTIC SYSTEM 2020
	SPRING SEMESTER

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/15	7	42	LESSONS	COMPULSORY SUBJECTS, CHARACTERISTIC OF THE CLASS

PROFESSORS

	FRANCESCO DE SANTIS T Curriculum
	LUIGI IANNICELLI Curriculum
	CARLO MANCUSO Curriculum

	Objectives
	PROVIDE INSTITUTIONAL KNOWLEDGE OF CIVIL PROCESS LAW, FRAMING THE RELEVANCE OF CIVIL JURISDICTIONAL PROTECTION IN THE CONTEXT OF BUSINESS ACTIVITIES. OBTAINING THE ACHIEVEMENT OF THE ABILITY TO UNDERSTAND THE STRUCTURE AND FUNCTION OF THE PROCESS REGULATION, BOTH AS A WHOLE AND FOR SPECIFIC PROCEDURES, VALORIZING THE EFFECTS OF AN EFFICIENT CIVIL PROCESS ON THE COMPETITIVENESS OF THE ECONOMIC SYSTEM. ACQUIRE THE ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING OF THE CONCRETE FUNCTIONING OF THE CIVIL PROTECTION OF RIGHTS IN THE FIELD OF LEGALLY RELEVANT PHENOMENA FOR THE COMPANY AND ALSO IN THE COMPANY SECTOR. TO ACQUIRE THE ABILITY TO UNDERSTAND THE STRUCTURE AND FUNCTION OF THE METHODS OF SOLUTION OF ALTERNATIVE DISPUTE TO JURISDICTION (ADR) AND TO APPLY THEM.

PROVIDE INSTITUTIONAL KNOWLEDGE OF CIVIL PROCESS LAW, FRAMING THE RELEVANCE OF CIVIL JURISDICTIONAL PROTECTION IN THE CONTEXT OF BUSINESS ACTIVITIES.
OBTAINING THE ACHIEVEMENT OF THE ABILITY TO UNDERSTAND THE STRUCTURE AND FUNCTION OF THE PROCESS REGULATION, BOTH AS A WHOLE AND FOR SPECIFIC PROCEDURES, VALORIZING THE EFFECTS OF AN EFFICIENT CIVIL PROCESS ON THE COMPETITIVENESS OF THE ECONOMIC SYSTEM.
ACQUIRE THE ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING OF THE CONCRETE FUNCTIONING OF THE CIVIL PROTECTION OF RIGHTS IN THE FIELD OF LEGALLY RELEVANT PHENOMENA FOR THE COMPANY AND ALSO IN THE COMPANY SECTOR.
TO ACQUIRE THE ABILITY TO UNDERSTAND THE STRUCTURE AND FUNCTION OF THE METHODS OF SOLUTION OF ALTERNATIVE DISPUTE TO JURISDICTION (ADR) AND TO APPLY THEM.

	Prerequisites
	CONSOLIDATED KNOWLEDGE OF THE BASIS OF CONSTITUTIONAL LAW, PRIVATE LAW AND COMMERCIAL LAW IS RECOMMENDED.

	Contents
	INTRODUCTION TO THE JURISDICTION. • CONSTITUTIONAL AND GENERAL PRINCIPLES OF THE CIVIL PROCESS • TYPE OF COGNITIVE JURISDICTIONAL PROTECTIONS • ELEMENTS OF THE COGNITION PROCESS • DEEPENING OF PHENOMENA PARTICULARLY RELEVANT FOR THE COMPANY (ACTIVE AND PASSIVE LEGITIMATION; REPRESENTATION OF THE COMPANY; RELATIONSHIP BETWEEN LIQUIDATION AND EXTINCTION OF COMPANIES) • ELEMENTS OF CORPORATE PROCESS LAW: CHALLENGE OF SHAREHOLDERS 'MEETING RESOLUTIONS, COMPLAINT TO THE COURT. • CLASS SHARES • THE SAFEGUARDS, WITH PARTICULAR REFERENCE TO THE SAFEGUARDS IN COMMERCIAL AND CORPORATE MATTERS AND INDUSTRIAL PROPERTY). • METHODS OF SOLUTION OF ALTERNATIVE DISPUTES TO JURISDICTION (ADR): CONCILIATION, MEDIATION, ORDINARY AND CORPORATE ARBITRATION. "FACILITATIVE" ADR AND "TAXATION" ADR. • ELEMENTS OF MEDIATION TECHNIQUE; MEDIATION IN COMMERCIAL AND CORPORATE MATTERS. • THE RECOVERY OF TRADE RECEIVABLES: THE PROCEDURE BY INJUNCTIONAL DECREE

Contents

INTRODUCTION TO THE JURISDICTION.
• CONSTITUTIONAL AND GENERAL PRINCIPLES OF THE CIVIL PROCESS
• TYPE OF COGNITIVE JURISDICTIONAL PROTECTIONS
• ELEMENTS OF THE COGNITION PROCESS
• DEEPENING OF PHENOMENA PARTICULARLY RELEVANT FOR THE COMPANY (ACTIVE AND PASSIVE LEGITIMATION; REPRESENTATION OF THE COMPANY; RELATIONSHIP BETWEEN LIQUIDATION AND EXTINCTION OF COMPANIES)
• ELEMENTS OF CORPORATE PROCESS LAW: CHALLENGE OF SHAREHOLDERS 'MEETING RESOLUTIONS, COMPLAINT TO THE COURT.
• CLASS SHARES
• THE SAFEGUARDS, WITH PARTICULAR REFERENCE TO THE SAFEGUARDS IN COMMERCIAL AND CORPORATE MATTERS AND INDUSTRIAL PROPERTY).
• METHODS OF SOLUTION OF ALTERNATIVE DISPUTES TO JURISDICTION (ADR): CONCILIATION, MEDIATION, ORDINARY AND CORPORATE ARBITRATION. "FACILITATIVE" ADR AND "TAXATION" ADR.
• ELEMENTS OF MEDIATION TECHNIQUE; MEDIATION IN COMMERCIAL AND CORPORATE MATTERS.
• THE RECOVERY OF TRADE RECEIVABLES: THE PROCEDURE BY INJUNCTIONAL DECREE

	Teaching Methods
	THE COURSE, IN ITALIAN LANGUAGE, CONSISTS OF 42 HOURS OF ASSISTED TEACHING: LECTURES, IN-DEPTH SEMINARS AND EXERCISES TO VERIFY THE PROGRESS OF KNOWLEDGE AND UNDERSTANDING OF THE DISCIPLINE, MOVING FROM THE PRINCIPLES OF THE PROTECTION PROCEDURES. THE COURSE OF LESSONS AIMS TO OBTAIN BETTER LEARNING RESULTS WITH STUDENTS WHO ATTEND REGULARLY.

	Verification of learning
	THE FINAL ORAL EXAMINATION IS STRUCTURED IN TWO PHASES. IN THE FIRST PHASE THE STUDENT WILL SHOW TO KNOW THE FUNDAMENTAL PRINCIPLES OF THE DISCIPLINE AND TO USE THEM IN A SYSTEMATIC KEY; IN THE SECOND PHASE YOU WILL HAVE TO SHOW THAT YOU KNOW HOW TO IDENTIFY THE SIGNIFICANT DATA OF THE INDIVIDUAL INSTITUTES. THE FINAL VOTE IS AWARDED IN THIRTIES AND IS OBTAINED AS THE AVERAGE OF THE EVALUATIONS OBTAINED IN THE TWO PHASES. THE EXAM IS PASSED WHEN THE MARK FOR EACH OF THE TWO PHASES IS GREATER THAN 15/30 AND THE TOTAL IS GREATER OR EQUAL TO 18. THE MINIMUM EVALUATION LEVEL (15) IS AWARDED WHEN THE STUDENT HAS A FRAGMENTARY KNOWLEDGE OF THEORETICAL CONTENT OR SHOWS LIMITED ABILITY TO LINK LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE MAXIMUM LEVEL (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND IN-DEPTH KNOWLEDGE OF THEORETICAL CONTENT OR SHOWS A REMARKABLE ABILITY TO CONNECT LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE PRAISE IS AWARDED WHEN THE CANDIDATE SHOWS SIGNIFICANT MASTERY OF THEORETICAL AND OPERATIONAL CONTENT AND SHOWS ABILITY TO PRESENT THE TOPICS WITH REMARKABLE LANGUAGE PROPERTIES AND AUTONOMOUS PROCESSING SKILLS EVEN IN DIFFERENT CONTEXTS.

Verification of learning

THE FINAL ORAL EXAMINATION IS STRUCTURED IN TWO PHASES. IN THE FIRST PHASE THE STUDENT WILL SHOW TO KNOW THE FUNDAMENTAL PRINCIPLES OF THE DISCIPLINE AND TO USE THEM IN A SYSTEMATIC KEY; IN THE SECOND PHASE YOU WILL HAVE TO SHOW THAT YOU KNOW HOW TO IDENTIFY THE SIGNIFICANT DATA OF THE INDIVIDUAL INSTITUTES.
THE FINAL VOTE IS AWARDED IN THIRTIES AND IS OBTAINED AS THE AVERAGE OF THE EVALUATIONS OBTAINED IN THE TWO PHASES. THE EXAM IS PASSED WHEN THE MARK FOR EACH OF THE TWO PHASES IS GREATER THAN 15/30 AND THE TOTAL IS GREATER OR EQUAL TO 18. THE MINIMUM EVALUATION LEVEL (15) IS AWARDED WHEN THE STUDENT HAS A FRAGMENTARY KNOWLEDGE OF THEORETICAL CONTENT OR SHOWS LIMITED ABILITY TO LINK LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE MAXIMUM LEVEL (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND IN-DEPTH KNOWLEDGE OF THEORETICAL CONTENT OR SHOWS A REMARKABLE ABILITY TO CONNECT LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE PRAISE IS AWARDED WHEN THE CANDIDATE SHOWS SIGNIFICANT MASTERY OF THEORETICAL AND OPERATIONAL CONTENT AND SHOWS ABILITY TO PRESENT THE TOPICS WITH REMARKABLE LANGUAGE PROPERTIES AND AUTONOMOUS PROCESSING SKILLS EVEN IN DIFFERENT CONTEXTS.

	Texts
	MANUALE DI BASE G. ARIETA, F. DE SANTIS, L. MONTESANO, CORSO BASE DI DIRITTO PROCESSUALE CIVILE, MILANO, CEDAM, ULTIMA EDIZIONE (THE PARTS TO BE STUDIED WILL SUBSEQUENTLY COMMUNICATE); ONE OR MORE ESSAYS SUBJECT TO STUDY WILL SUBSEQUENTLY BE RELEASED

	More Information
	TO JOIN THE COURSE 2022-2023 VISIT THE PAGE OF THE TEACHER HTTP://WWW.UNISA.IT/DOCENTI/FRANCESCODESANTIS/DIDATTICA/INDEX

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Luigi IANNICELLI | BUSINESS LAW:JURISDICTION AND ADR