Francesco DE SANTIS | Civil Procedural Law

cod. 0160100056

CIVIL PROCEDURAL LAW

	0160100056
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2021/2022

PERCORSO UNIQUE CURRICULUM

	OBBLIGATORIO
	YEAR OF COURSE 4
	YEAR OF DIDACTIC SYSTEM 2012
	FULL ACADEMIC YEAR

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/15	14	126	LESSONS	COMPULSORY SUBJECTS, CHARACTERISTIC OF THE CLASS

PROFESSORS

	FRANCESCO DE SANTIS T Curriculum
	STEFANO CONFORTI Curriculum

	Objectives
	KNOWLEDGE AND COMPREHENSION CAPABILITY: DEEP KNOWLEDGE OF THE CIVIL LAW’S FUNDAMENTAL PRINCIPLES AND CAREFUL ANALYSIS OF IMPLEMENTING REGULATIONS; COMPREHENSION CAPABILITY OF THE STRUCTURE AND FUNCTION OF PROCEDURAL DISCIPLINE AS A WHOLE AND IN SPECIFIC PROCEEDINGS. APPLICATION CAPABILITY OF KNOWLEDGE AND COMPREHENSION: ANALYSIS ABILITY OF FUNDAMENTAL MOMENTS WITHIN THE CONCRETE FUNCTIONING OF CIVIL PROCEEDING IN THE VARIOUS SECTORS OF LIFE AND JOB; IN-DEPTH STUDY OF PROCEDURAL INSTITUTIONS TO PREPARE CANDIDATES FOR THE STATE CERTIFICATION EXAMINATION FOR LEGAL PROFESSIONS OR FOR THE STATE EXAMINATION FOR JUDGES.

KNOWLEDGE AND COMPREHENSION CAPABILITY:
DEEP KNOWLEDGE OF THE CIVIL LAW’S FUNDAMENTAL PRINCIPLES AND CAREFUL ANALYSIS OF IMPLEMENTING REGULATIONS; COMPREHENSION CAPABILITY OF THE STRUCTURE AND FUNCTION OF PROCEDURAL DISCIPLINE AS A WHOLE AND IN SPECIFIC PROCEEDINGS.

APPLICATION CAPABILITY OF KNOWLEDGE AND COMPREHENSION:
ANALYSIS ABILITY OF FUNDAMENTAL MOMENTS WITHIN THE CONCRETE FUNCTIONING OF CIVIL PROCEEDING IN THE VARIOUS SECTORS OF LIFE AND JOB; IN-DEPTH STUDY OF PROCEDURAL INSTITUTIONS TO PREPARE CANDIDATES FOR THE STATE CERTIFICATION EXAMINATION FOR LEGAL PROFESSIONS OR FOR THE STATE EXAMINATION FOR JUDGES.

	Prerequisites
	ADMISSION TO THE COURSE IS SUBJECT TO PASSING THE EXAM INSTITUTIONS OF PRIVATE LAW, DEEP KNOWLEDGE OF THE BASICS OF CONSTITUTIONAL LAW,LABOUR LAW,COMMERCIAL LAW AND CIVIL LAW.

	Contents
	COURSE CONTENTS. CIVIL TRIAL AND CONSTITUTION (20H LESSON) CONSTITUTIONAL SOURCES; THE COMMUNITY SOURCES, RELATIONS WITH THE COMMUNITY SYSTEM AND THE EUROPEAN CONVENTION; THE JUDICIAL FUNCTION; NOTION OF CIVIL JURISDICTION; THE TYPES OF JURISDICTIONAL PROTECTIONS OF RIGHTS AND GUARANTEES OF THE "DUE LEGAL PROCESS"; INTERNAL JURISDICTION AND JURISDICTIONS EXTERNAL TO THE STATE; THE CONSTITUTIONAL PRINCIPLES RELATING TO THE ORGANIZATION AND FUNCTIONS OF THE JUDICIARY; THE PRINCIPLES OF THE RIGHT CIVIL TRIAL. TRIAL CONDITIONS AND CONDITIONS OF THE ACTION (20H LESSON) LIMITS ON THE EXERCISE OF JURISDICTION; JURISDICTION ISSUES; JURISDICTION REGULATION; THE COMPETENCE; THE REGULATIONS OF COMPETENCE; EXERCISE OF THE ACTION AND JUDICIAL REQUEST; INTEREST IN ACTING AND LEGITIMACY TO ACT; RELATIONSHIPS BETWEEN CAUSES: LITIGATION, CONTINENCE, CONNECTION; THE SUBJECTS OF THE PROCESS; THE JUDGE, THE PUBLIC PROSECUTOR, THE AUXILIARIES OF THE JUDGE; PARTS; PROCESSES WITH PLURALITY OF PARTS; LITISCONSORZI AND INTERVENTIONS. ACTS AND MEASURES (15H LESSON, 3H SEMINARS) ACTS, MEASURES AND TERMS OF THE TRIAL; SENTENCE, ORDER AND DECREE; COMMUNICATIONS AND NOTIFICATIONS; THE ELECTRONIC CIVIL PROCESS; THE INVALIDITY OF THE PROCEDURAL ACT; THE RULES ON NULLITY, THE CRITERION OF ACHIEVING THE GOAL; THE PRINCIPLE OF AVAILABILITY OF THE TEST; THE ALLOCATION OF AUDIT COSTS BETWEEN THE PARTIES; THE PRINCIPLE C.D. OF ACQUISITION OF THE TEST "ENTRY" INTO THE PROCESS, THE EVALUATION RULES; THE MEANS OF PROOF; PRE-ESTABLISHED TESTS AND CONSTITUENT TESTS. ORDINARY COGNITION (30H LESSON, 6 SEMINARS) THE COGNITIVE PROTECTIONS; MERE, CONDEMNATION AND CONSTITUENT SAFEGUARDS; THE TRIAL BEFORE THE COURT; THE INTRODUCTORY PHASE; THE PHASE OF THE TREATMENT; THE DECISION PHASE; THE "ANOMALOUS" EVENTS OF THE PROCESS: INTERRUPTION, SUSPENSION, EXTINCTION; THE CONTUMACIAL PROCESS; APPEALS; THE APPEAL; THE JUDGMENT OF CASSATION; THE REVOCATION AND OPPOSITION OF A THIRD PARTY; THE JUDGED. ORDINARY COGNITION AND EMERGENCY MEASURES TO COMBAT THE PANDEMIC - PRECAUTIONARY AND SPECIAL TENSES (16H LESSON) THE TRIALS BEFORE THE JUSTICE OF THE PEACE; PROCESSES WITH FULL KNOWLEDGE SUBJECTED TO SPECIAL RITES; THE PRINCIPLES OF SIMPLIFICATION OF 'EXTRA-LAW' SPECIAL RITUALS; THE D. LGS. N. 150 OF 2011; THE PROCEDURAL MODEL OF THE RITE OF WORK; THE PROCEDURAL MODEL OF THE SIMPLIFIED COGNITION PROCEDURE; THE PRECAUTIONARY AND NON-PRECAUTIONARY SUMMARY PROTECTIONS; THE UNIFORM PRECAUTIONARY RITE; THE CHAMBER JURISDICTION; THE PROCEEDINGS IN THE COUNCIL CHAMBER. CONCILIATION; ARBITRATION. - EXECUTIVE PERFORMANCES (16H LESSON) THE EXECUTIVE TITLE AND THE PRODROMAL ACTIVITIES TO THE FORCED EXECUTION; FORCED EXPROPRIATION IN GENERAL; FORECLOSURE, CREDITORS' INTERVENTION, FORCED SALE, DISTRIBUTION OF PROCEEDS; THE PROCESSES OF FORCED EXPROPRIATION; EXPROPRIATION OF SECURITIES WITH THE DEBTOR; EXPROPRIATION OF SECURITIES WITH THIRD PARTIES; REAL ESTATE EXPROPRIATION; THE FORCED EXECUTION PROCESSES IN A SPECIFIC FORM; EXECUTIVE OPPOSITIONS; SUSPENSION AND EXTINCTION OF THE EXECUTIVE PROCESS. EXECUTIVE PROCESS AND EMERGENCY MEASURES TO COMBAT THE PANDEMIC. STEADILY WE'LL PAY ATTENTION TO THE DISCUSSION ABOUT TRIAL REFORMS IN ITINERE, AS REGARDS THE EXECUTION OF PNRR TOO.

Contents

COURSE CONTENTS.
CIVIL TRIAL AND CONSTITUTION (20H LESSON)
CONSTITUTIONAL SOURCES; THE COMMUNITY SOURCES, RELATIONS WITH THE COMMUNITY SYSTEM AND THE EUROPEAN CONVENTION; THE JUDICIAL FUNCTION; NOTION OF CIVIL JURISDICTION; THE TYPES OF JURISDICTIONAL PROTECTIONS OF RIGHTS AND GUARANTEES OF THE "DUE LEGAL PROCESS"; INTERNAL JURISDICTION AND JURISDICTIONS EXTERNAL TO THE STATE; THE CONSTITUTIONAL PRINCIPLES RELATING TO THE ORGANIZATION AND FUNCTIONS OF THE JUDICIARY; THE PRINCIPLES OF THE RIGHT CIVIL TRIAL.
TRIAL CONDITIONS AND CONDITIONS OF THE ACTION (20H LESSON)
LIMITS ON THE EXERCISE OF JURISDICTION; JURISDICTION ISSUES; JURISDICTION REGULATION; THE COMPETENCE; THE REGULATIONS OF COMPETENCE; EXERCISE OF THE ACTION AND JUDICIAL REQUEST; INTEREST IN ACTING AND LEGITIMACY TO ACT; RELATIONSHIPS BETWEEN CAUSES: LITIGATION, CONTINENCE, CONNECTION; THE SUBJECTS OF THE PROCESS; THE JUDGE, THE PUBLIC PROSECUTOR, THE AUXILIARIES OF THE JUDGE; PARTS; PROCESSES WITH PLURALITY OF PARTS; LITISCONSORZI AND INTERVENTIONS.
ACTS AND MEASURES (15H LESSON, 3H SEMINARS)
ACTS, MEASURES AND TERMS OF THE TRIAL; SENTENCE, ORDER AND DECREE; COMMUNICATIONS AND NOTIFICATIONS; THE ELECTRONIC CIVIL PROCESS; THE INVALIDITY OF THE PROCEDURAL ACT; THE RULES ON NULLITY, THE CRITERION OF ACHIEVING THE GOAL; THE PRINCIPLE OF AVAILABILITY OF THE TEST; THE ALLOCATION OF AUDIT COSTS BETWEEN THE PARTIES; THE PRINCIPLE C.D. OF ACQUISITION OF THE TEST "ENTRY" INTO THE PROCESS, THE EVALUATION RULES; THE MEANS OF PROOF; PRE-ESTABLISHED TESTS AND CONSTITUENT TESTS.
ORDINARY COGNITION (30H LESSON, 6 SEMINARS)
THE COGNITIVE PROTECTIONS; MERE, CONDEMNATION AND CONSTITUENT SAFEGUARDS; THE TRIAL BEFORE THE COURT; THE INTRODUCTORY PHASE; THE PHASE OF THE TREATMENT; THE DECISION PHASE; THE "ANOMALOUS" EVENTS OF THE PROCESS: INTERRUPTION, SUSPENSION, EXTINCTION; THE CONTUMACIAL PROCESS; APPEALS; THE APPEAL; THE JUDGMENT OF CASSATION; THE REVOCATION AND OPPOSITION OF A THIRD PARTY; THE JUDGED.
ORDINARY COGNITION AND EMERGENCY MEASURES TO COMBAT THE PANDEMIC
- PRECAUTIONARY AND SPECIAL TENSES (16H LESSON)
THE TRIALS BEFORE THE JUSTICE OF THE PEACE; PROCESSES WITH FULL KNOWLEDGE
SUBJECTED TO SPECIAL RITES; THE PRINCIPLES OF SIMPLIFICATION OF 'EXTRA-LAW' SPECIAL RITUALS; THE D. LGS. N. 150 OF 2011; THE PROCEDURAL MODEL OF THE RITE
OF WORK; THE PROCEDURAL MODEL OF THE SIMPLIFIED COGNITION PROCEDURE; THE PRECAUTIONARY AND NON-PRECAUTIONARY SUMMARY PROTECTIONS; THE UNIFORM PRECAUTIONARY RITE; THE CHAMBER JURISDICTION; THE PROCEEDINGS IN THE COUNCIL CHAMBER. CONCILIATION; ARBITRATION.
- EXECUTIVE PERFORMANCES (16H LESSON)
THE EXECUTIVE TITLE AND THE PRODROMAL ACTIVITIES TO THE FORCED EXECUTION; FORCED EXPROPRIATION IN GENERAL; FORECLOSURE, CREDITORS' INTERVENTION, FORCED SALE, DISTRIBUTION OF PROCEEDS; THE PROCESSES OF FORCED EXPROPRIATION; EXPROPRIATION OF SECURITIES WITH THE DEBTOR; EXPROPRIATION OF SECURITIES WITH THIRD PARTIES; REAL ESTATE EXPROPRIATION; THE FORCED EXECUTION PROCESSES IN A SPECIFIC FORM; EXECUTIVE OPPOSITIONS; SUSPENSION AND EXTINCTION OF THE EXECUTIVE PROCESS.
EXECUTIVE PROCESS AND EMERGENCY MEASURES TO COMBAT THE PANDEMIC.
STEADILY WE'LL PAY ATTENTION TO THE DISCUSSION ABOUT TRIAL REFORMS IN ITINERE, AS REGARDS THE EXECUTION OF PNRR TOO.

	Teaching Methods
	THE TEACHING IS COMPOSED BY 126 HOURS OF ASSISTED TEACHING (IF NECESSARY, MAKING USE OF DIGITAL CHANNELS): LECTURING, SEMINARS AND CLASSROOM EXERCISES IN ORDER TO VERIFY THE PROGRESS OF STUDENTS’ LEARNING AND COMPREHENSION. READING AND COMMENTING IN JUDICIAL DECISIONS. MODE OF ATTENDANCE: THE COURSE IS DESIGNED TO GET THE BEST RESULTS WITH LEARNING STUDENTS ATTENDING REGULARLY.

	Verification of learning
	FOR ATTENDING STUDENTS: ORAL EXAM TESTING ON THE FIRST PART RELATING TO THE GENERAL PRINCIPLES OF THE DISCIPLINE AND THEN FINAL ORAL EXAMINATION; FOR NON-ATTENDING STUDENTS: ORAL FINAL EXAM. THE ORAL FINAL EXAMINATION IS STRUCTURED IN TWO PHASES. IN THE FIRST STAGE THE STUDENT SHOULD DEMONSTRATE TO KNOW THE FUNDAMENTAL PRINCIPLES OF THE DISCIPLINE AND TO USE THEM IN A SYSTEMATIC KEY; IN THE SECOND STAGE SHOULD DEMONSTRATE TO KNOW TO IDENTIFY THE SIGNIFICANT DATA OF INDIVIDUAL INSTITUTES. THE FINAL VOTE IS ATTRIBUTED IN THIRTY-TWO AND IS OBTAINED AS AN AVERAGE OF THE EVALUATIONS OBTAINED IN THE TWO STAGES. THE EXAMINATION IS EXCEEDED WHEN THE VOTE FOR EACH OF THE TWO PHASES IS GREATER THAN 15/30 AND THE TOTAL ONE IS GREATER OR EQUAL TO 18. THE MINIMUM EVALUATION LEVEL (15) IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTARY KNOWLEDGE OF THE THEORETICAL CONTENT OR SHOW A LIMITED CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE MAXIMUM LEVEL (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND DEEPENING KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A NOTABLE CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. LA LODE IS ATTRIBUTED WHEN THE CANDIDATE PROVIDES SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIVE CONTENTS AND EXHIBITS TO KNOW THE ARGUMENTS WITH REMARKABLE LANGUAGE PROPERTY AND ABILITY OF AUTONOMOUS PROCESSING ALSO IN CONTEXTS DIFFERENT FROM THOSE PROPOSED BY THE TEACHER.

Verification of learning

FOR ATTENDING STUDENTS: ORAL EXAM TESTING ON THE FIRST PART RELATING TO THE GENERAL PRINCIPLES OF THE DISCIPLINE AND THEN FINAL ORAL EXAMINATION;
FOR NON-ATTENDING STUDENTS: ORAL FINAL EXAM.
THE ORAL FINAL EXAMINATION IS STRUCTURED IN TWO PHASES. IN THE FIRST STAGE THE STUDENT SHOULD DEMONSTRATE TO KNOW THE FUNDAMENTAL PRINCIPLES OF THE DISCIPLINE AND TO USE THEM IN A SYSTEMATIC KEY; IN THE SECOND STAGE SHOULD DEMONSTRATE TO KNOW TO IDENTIFY THE SIGNIFICANT DATA OF INDIVIDUAL INSTITUTES.
THE FINAL VOTE IS ATTRIBUTED IN THIRTY-TWO AND IS OBTAINED AS AN AVERAGE OF THE EVALUATIONS OBTAINED IN THE TWO STAGES. THE EXAMINATION IS EXCEEDED WHEN THE VOTE FOR EACH OF THE TWO PHASES IS GREATER THAN 15/30 AND THE TOTAL ONE IS GREATER OR EQUAL TO 18. THE MINIMUM EVALUATION LEVEL (15) IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTARY KNOWLEDGE OF THE THEORETICAL CONTENT OR SHOW A LIMITED CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE MAXIMUM LEVEL (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND DEEPENING KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A NOTABLE CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. LA LODE IS ATTRIBUTED WHEN THE CANDIDATE PROVIDES SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIVE CONTENTS AND EXHIBITS TO KNOW THE ARGUMENTS WITH REMARKABLE LANGUAGE PROPERTY AND ABILITY OF AUTONOMOUS PROCESSING ALSO IN CONTEXTS DIFFERENT FROM THOSE PROPOSED BY THE TEACHER.

	Texts
	MANUALE DI BASE G. ARIETA, F. DE SANTIS, L. MONTESANO, CORSO BASE DI DIRITTO PROCESSUALE CIVILE,MILANO, CEDAM, 2019 (PER INTERO).

	More Information
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Francesco DE SANTIS | Civil Procedural Law