Francesco DE SANTIS | BUSINESS LAW:JURISDICTION AND ADR

cod. 0112100017

BUSINESS LAW:JURISDICTION AND ADR

	0112100017
	DEPARTMENT OF LAW
	EQF6
	BUSINESS AND NEW TECHNOLOGIES LAWYER
	2024/2025

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
	GENERAL OBJECTIVE THE COURSE AIMS TO PROVIDE A GOOD KNOWLEDGE OF THE FUNDAMENTAL PRINCIPLES AND NOTIONS OF CIVIL PROCEDURAL LAW, FRAMING THE RELEVANCE OF CIVIL JURISDICTIONAL PROTECTION IN CONTEXT OF BUSINESS ACTIONS. KNOWLEDGE AND UNDERSTANDING THE STUDENT WILL DEVELOP THEIR ABILITY TO UNDERSTAND NORMATIVE TEXTS, LEARNING TO CONTEXTUALISE THE PROCEDURAL PRINCIPLES COVERED, IN A SYSTEMATIC CONTEXT. HE WILL ALSO KNOW THE STRUCTURE AND FUNCTION OF PROCEDURAL DISCIPLINE, IN GENERAL AND IN THE PARTICULAR CONTEXT OF SOME SPECIFIC PROCEDURES WITH DIRECT RELEVANCE TO THE COMPETITIVENESS OF THE ECONOMIC SYSTEM ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING THE STUDENT WILL BE ABLE TO UNDERSTAND THE CONCRETE FUNCTIONING OF THE CIVIL PROTECTION OF RIGHTS IN THE CONTEXT OF LEGALLY RELEVANT PHENOMENA FOR THE COMPANY AND IN PARTICULAR IN THE SECTOR CORPORATE, APPLYING THE NOTIONS LEARNED TO THE VARIOUS CONCRETE CASES. THEY WILL ALSO HAVE THE OPPORTUNITY TO ACQUIRE THE ABILITY TO UNDERSTAND THE STRUCTURE AND FUNCTION OF THE METHODS ALTERNATIVE DISPUTE RESOLUTION TO JURISDICTION (ADR) AND APPLY THEM. AUTONOMY OF JUDGEMENT AT THE END OF THE COURSE THE STUDENT WILL BE ABLE TO DEVELOP AUTONOMOUS, ARGUED POSITIONS LEGALLY SUSTAINABLE, WITH REFERENCE TO THE PROCEDURAL LAW ISSUES THAT ARE THE SUBJECT OF TREATMENT. COMMUNICATION SKILLS THE STUDENT WILL BE ABLE TO OUTLINE THE NOTIONS ACQUIRED, WITH LOGICAL COHERENCE AND PROPERTIES OF TECHNICAL LEGAL LANGUAGE. LEARNING ABILITY AFTER COMPLETING THE COURSE, THE STUDENT, THANKS TO THE KNOWLEDGE OF THE TOPICS COVERED, WILL ACQUIRE A PRODUCTIVE UNDERSTANDING OF THE BASIC PRINCIPLES OF CIVIL PROCEDURAL LAW, TOGETHER WITH A COGNITIVE METHOD CAPABLE OF ADDRESSING ISSUES AUTONOMOUSLY AND WITH SYSTEMATIC COHERENCE OF MORE COMPLEX LAW, EVEN IF NOT DIRECTLY EXPLORED IN THE PROGRAM. IT WILL ALSO BE ABLE TO USE TRADITIONAL BIBLIOGRAPHIC TOOLS AND IT RESOURCES FOR ANALYSIS AND ANALYSIS ARCHIVING.

GENERAL OBJECTIVE
THE COURSE AIMS TO PROVIDE A GOOD KNOWLEDGE OF THE FUNDAMENTAL PRINCIPLES AND NOTIONS
OF CIVIL PROCEDURAL LAW, FRAMING THE RELEVANCE OF CIVIL JURISDICTIONAL PROTECTION IN
CONTEXT OF BUSINESS ACTIONS.
KNOWLEDGE AND UNDERSTANDING
THE STUDENT WILL DEVELOP THEIR ABILITY TO UNDERSTAND NORMATIVE TEXTS, LEARNING TO
CONTEXTUALISE THE PROCEDURAL PRINCIPLES COVERED, IN A SYSTEMATIC CONTEXT. HE WILL ALSO KNOW THE
STRUCTURE AND FUNCTION OF PROCEDURAL DISCIPLINE, IN GENERAL AND IN THE PARTICULAR CONTEXT OF SOME
SPECIFIC PROCEDURES WITH DIRECT RELEVANCE TO THE COMPETITIVENESS OF THE ECONOMIC SYSTEM

ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING
THE STUDENT WILL BE ABLE TO UNDERSTAND THE CONCRETE FUNCTIONING OF THE CIVIL PROTECTION OF RIGHTS
IN THE CONTEXT OF LEGALLY RELEVANT PHENOMENA FOR THE COMPANY AND IN PARTICULAR IN THE SECTOR
CORPORATE, APPLYING THE NOTIONS LEARNED TO THE VARIOUS CONCRETE CASES.
THEY WILL ALSO HAVE THE OPPORTUNITY TO ACQUIRE THE ABILITY TO UNDERSTAND THE STRUCTURE AND FUNCTION OF THE METHODS
ALTERNATIVE DISPUTE RESOLUTION TO JURISDICTION (ADR) AND APPLY THEM.
AUTONOMY OF JUDGEMENT
AT THE END OF THE COURSE THE STUDENT WILL BE ABLE TO DEVELOP AUTONOMOUS, ARGUED POSITIONS
LEGALLY SUSTAINABLE, WITH REFERENCE TO THE PROCEDURAL LAW ISSUES THAT ARE THE SUBJECT OF
TREATMENT.
COMMUNICATION SKILLS
THE STUDENT WILL BE ABLE TO OUTLINE THE NOTIONS ACQUIRED, WITH LOGICAL COHERENCE AND PROPERTIES OF TECHNICAL LEGAL LANGUAGE.
LEARNING ABILITY
AFTER COMPLETING THE COURSE, THE STUDENT, THANKS TO THE KNOWLEDGE OF THE TOPICS COVERED, WILL ACQUIRE A
PRODUCTIVE UNDERSTANDING OF THE BASIC PRINCIPLES OF CIVIL PROCEDURAL LAW, TOGETHER WITH A
COGNITIVE METHOD CAPABLE OF ADDRESSING ISSUES AUTONOMOUSLY AND WITH SYSTEMATIC COHERENCE
OF MORE COMPLEX LAW, EVEN IF NOT DIRECTLY EXPLORED IN THE PROGRAM. IT WILL ALSO BE
ABLE TO USE TRADITIONAL BIBLIOGRAPHIC TOOLS AND IT RESOURCES FOR ANALYSIS AND ANALYSIS
ARCHIVING.

	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
	G. ARIETA, F. DE SANTIS, L. MONTESANO, CORSO DI DIRITTO PROCESSUALE CIVILE, MILANO, CEDAM, 2024 (CAPITOLI 2, 3, 4, 5, 6, 9 (PAR. DA 92 A 99), 20 (PARR. 213 E 214), 27, 37 (PAR. DA 348 A 351), 47, 48

	More Information
	AS WELL AS DURING LESSONS AND OTHER LECTURED TEACHING OCCASIONS, THE TEACHER AND THE TEACHER COLLABORATORS RECEIVE THE STUDENTS AT THE TIMES NOTIFIED.

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Francesco DE SANTIS | BUSINESS LAW:JURISDICTION AND ADR