Carlo MANCUSO | Civil Procedural Law

cod. 0160100056

CIVIL PROCEDURAL LAW

	0160100056
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2020/2021

PERCORSO UNIQUE CURRICULUM

	OBBLIGATORIO
	YEAR OF COURSE 4
	YEAR OF DIDACTIC SYSTEM 2012
	ANNUALE

TEACHING UNITS

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

PROFESSORS

	CARLO MANCUSO T Curriculum
	STEFANO CONFORTI Curriculum

	Objectives
	PROVIDE INSTITUTIONAL KNOWLEDGE OF CIVIL PROCEDURE LAW, FOCUSING ON THE RELEVANCE OF CIVIL JURISDICTION IN THE CONTEXT OF THE CONTEMPORARY CONCEPT OF JURISDICTION OF JURISDICTION. OBTAINING THE ACHIEVEMENT OF THE ABILITY TO UNDERSTAND STRUCTURE AND FUNCTION OF THE PROCESSUAL DISCIPLINE, BOTH IN ITS ENTIRETY AND SPECIFIC PROCEDURES, ENHANCING THE RELOADES OF AN EFFICIENT CIVIL PROCESS ON THE COMPETITIVENESS OF THE ECONOMIC SYSTEM. ACQUISITION OF THE ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING IN THE FUNDAMENTAL MOMENTS OF THE CONCRETE FUNCTIONING OF THE CIVIL PROCEDURE RECALLED IN THE VARIOUS SECTORS OF WORK EXPERIENCE WHICH IS ADDRESSED BY THE C.D.L.ARTICULATING ARGUMENTS AND TECHNIQUES TO SOLVE PROBLEMS OF CIVIL JURISDICTION PROTECTION.

PROVIDE INSTITUTIONAL KNOWLEDGE OF CIVIL PROCEDURE LAW, FOCUSING ON THE RELEVANCE OF CIVIL JURISDICTION IN THE CONTEXT OF THE CONTEMPORARY CONCEPT OF JURISDICTION OF JURISDICTION. OBTAINING THE ACHIEVEMENT OF THE ABILITY TO UNDERSTAND STRUCTURE AND FUNCTION OF THE PROCESSUAL DISCIPLINE, BOTH IN ITS ENTIRETY AND SPECIFIC PROCEDURES, ENHANCING THE RELOADES OF AN EFFICIENT CIVIL PROCESS ON THE COMPETITIVENESS OF THE ECONOMIC SYSTEM.
ACQUISITION OF THE ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING IN THE FUNDAMENTAL MOMENTS OF THE CONCRETE FUNCTIONING OF THE CIVIL PROCEDURE RECALLED IN THE VARIOUS SECTORS OF WORK EXPERIENCE WHICH IS ADDRESSED BY THE C.D.L.ARTICULATING ARGUMENTS AND TECHNIQUES TO SOLVE PROBLEMS OF CIVIL JURISDICTION PROTECTION.

	Prerequisites
	PRELIMINARY EXPIRATION OF THE EXAMINATION OF PRIVATE LAW INSTITUTIONS; WE RECOMMEND A CONSOLIDATED KNOWLEDGE OF THE BASES OF CONSTITUTIONAL LAW, LABOR LAW, COMMERCIAL LAW, CIVIL LAW.

	Contents
	CIVIL TRIAL AND CONSTITUTION (LESSON 20H) THE CONSTITUTIONAL SOURCES; COMMUNITY SOURCES, RELATIONS WITH THE EU LEGAL SYSTEM AND THE EUROPEAN CONVENTION; THE JURISDICTIONAL FUNCTION; NOTION OF CIVIL JURISDICTION; THE TYPES OF JURISDICTIONAL PROTECTIONS OF THE RIGHTS AND THE 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 A JUST CIVIL TRIAL. - PROCEDURAL ASSUMPTIONS AND ACTION CONDITIONS (LESSON 25H) THE LIMITS TO THE EXERCISE OF JURISDICTION; JURISDICTION ISSUES; THE JURISDICTION REGULATION; THE COMPETENCE; THE RELEVANT REGULATIONS; EXERCISE OF THE ACTION AND JUDICIAL REQUEST; RELATIONSHIPS BETWEEN CAUSES: LIS PENDENS, CONTINENCE, CONNECTION; THE SUBJECTS OF THE PROCESS; THE JUDGE, THE PUBLIC PROSECUTOR, THE JUDGE'S AUXILIARIES; PARTS; PROCESSES WITH PLURALITY OF PARTS; CONSORTIA AND INTERVENTIONS. - PROCEEDINGS AND MEASURES (15H LESSON, 3H SEMINARS) PROCEEDINGS, MEASURES AND TERMS OF THE PROCESS; SENTENCE, ORDER AND DECREE; COMMUNICATIONS AND NOTIFICATIONS; THE CIVIL ELECTRONIC PROCESS; THE INVALIDITY OF THE PROCEDURAL ACT; THE RULES ON INVALIDITY, THE CRITERION OF ACHIEVING THE GOAL; THE PRINCIPLE OF AVAILABILITY OF THE PROOF; THE DIVISION OF THE EVIDENTIARY CHARGES BETWEEN THE PARTIES; THE PRINCIPLE C.D. OF ACQUISITION OF THE PROOF THE «ENTRY» IN THE PROCESS, THE RULES OF EVALUATION; THE MEANS OF PROOF; PRE-ESTABLISHED TESTS AND CONSTITUTIVE TESTS.- ORDINARY COGNITION (LESSON 25H) THE COGNITIVE PROTECTIONS; MERE VERIFICATION, CONDEMNATION AND CONSTITUTIVE SAFEGUARDS; THE TRIAL BEFORE THE COURT; THE INTRODUCTORY PHASE; THE PROCESSING PHASE; THE DECISION PHASE; THE "ANOMALOUS" EVENTS OF THE PROCESS: INTERRUPTION, SUSPENSION, EXTINCTION; THE DEFAULT PROCESS; APPEALS; THE APPEAL; THE CASSATION JUDGMENT; THIRD PARTY REVOCATION AND OPPOSITION; THE RES JUDICATA. - PRECAUTIONARY AND SPECIAL ASSISTANCE (10H LESSON, 8 SEMINARS) TRIALS BEFORE THE JUSTICE OF THE PEACE; FULL KNOWLEDGE PROCESSES SUBJECTED TO SPECIAL RITUALS; THE PRINCIPLES OF SIMPLIFICATION OF SPECIAL "EXTRACODE" RITES; THE D. LGS. N. 150 OF 2011; THE PROCEDURAL MODEL OF THE RITE OF WORK; THE PROCEDURAL MODEL OF THE SIMPLIFIED RITUAL OF COGNITION; PRECAUTIONARY AND NON-PRECAUTIONARY SUMMARY PROTECTIONS; THE UNIFORM PRECAUTION; THE JURISDICTION OF THE CHAMBER OF COMMERCE; THE PROCEEDINGS IN THE COUNCIL CHAMBER. CONCILIATION; ARBITRATION. - EXECUTIVE PROTECTION (LESSON 20H) THE ENFORCEABLE TITLE AND THE PRODROMAL ACTIVITIES TO FORCED EXECUTION; FORCED EXPROPRIATION IN GENERAL; ATTACHMENT, CREDITORS INTERVENTION, FORCED SALE, DISTRIBUTION OF THE PROCEEDS; THE PROCESSES OF FORCED EXPROPRIATION; EXPROPRIATION OF SECURITIES BY THE DEBTOR; EXPROPRIATION OF SECURITIES BY THIRD PARTIES; REAL ESTATE EXPROPRIATION; THE PROCESSES OF FORCED EXECUTION IN A SPECIFIC FORM; EXECUTIVE OBJECTIONS; SUSPENSION AND TERMINATION OF THE ENFORCEMENT PROCESS

Contents

CIVIL TRIAL AND CONSTITUTION (LESSON 20H)
THE CONSTITUTIONAL SOURCES; COMMUNITY SOURCES, RELATIONS WITH THE EU LEGAL SYSTEM AND THE EUROPEAN CONVENTION; THE JURISDICTIONAL FUNCTION; NOTION OF CIVIL JURISDICTION; THE TYPES OF JURISDICTIONAL PROTECTIONS OF THE RIGHTS AND THE 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 A JUST CIVIL TRIAL.

- PROCEDURAL ASSUMPTIONS AND ACTION CONDITIONS (LESSON 25H)
THE LIMITS TO THE EXERCISE OF JURISDICTION; JURISDICTION ISSUES; THE JURISDICTION REGULATION; THE COMPETENCE; THE RELEVANT REGULATIONS; EXERCISE OF THE ACTION AND JUDICIAL REQUEST; RELATIONSHIPS BETWEEN CAUSES: LIS PENDENS, CONTINENCE, CONNECTION; THE SUBJECTS OF THE PROCESS; THE JUDGE, THE PUBLIC PROSECUTOR, THE JUDGE'S AUXILIARIES; PARTS; PROCESSES WITH PLURALITY OF PARTS; CONSORTIA AND INTERVENTIONS.

- PROCEEDINGS AND MEASURES (15H LESSON, 3H SEMINARS)
PROCEEDINGS, MEASURES AND TERMS OF THE PROCESS; SENTENCE, ORDER AND DECREE; COMMUNICATIONS AND NOTIFICATIONS; THE CIVIL ELECTRONIC PROCESS; THE INVALIDITY OF THE PROCEDURAL ACT; THE RULES ON INVALIDITY, THE CRITERION OF ACHIEVING THE GOAL; THE PRINCIPLE OF AVAILABILITY OF THE PROOF; THE DIVISION OF THE EVIDENTIARY CHARGES BETWEEN THE PARTIES; THE PRINCIPLE C.D. OF ACQUISITION OF THE PROOF THE «ENTRY» IN THE PROCESS, THE RULES OF EVALUATION; THE MEANS OF PROOF; PRE-ESTABLISHED TESTS AND CONSTITUTIVE TESTS.- ORDINARY COGNITION (LESSON 25H)
THE COGNITIVE PROTECTIONS; MERE VERIFICATION, CONDEMNATION AND CONSTITUTIVE SAFEGUARDS; THE TRIAL BEFORE THE COURT; THE INTRODUCTORY PHASE; THE PROCESSING PHASE; THE DECISION PHASE; THE "ANOMALOUS" EVENTS OF THE PROCESS: INTERRUPTION, SUSPENSION, EXTINCTION; THE DEFAULT PROCESS; APPEALS; THE APPEAL; THE CASSATION JUDGMENT; THIRD PARTY REVOCATION AND OPPOSITION; THE RES JUDICATA.

- PRECAUTIONARY AND SPECIAL ASSISTANCE (10H LESSON, 8 SEMINARS)
TRIALS BEFORE THE JUSTICE OF THE PEACE; FULL KNOWLEDGE PROCESSES
SUBJECTED TO SPECIAL RITUALS; THE PRINCIPLES OF SIMPLIFICATION OF SPECIAL "EXTRACODE" RITES; THE D. LGS. N. 150 OF 2011; THE PROCEDURAL MODEL OF THE RITE
OF WORK; THE PROCEDURAL MODEL OF THE SIMPLIFIED RITUAL OF COGNITION; PRECAUTIONARY AND NON-PRECAUTIONARY SUMMARY PROTECTIONS; THE UNIFORM PRECAUTION; THE JURISDICTION OF THE CHAMBER OF COMMERCE; THE PROCEEDINGS IN THE COUNCIL CHAMBER. CONCILIATION; ARBITRATION.
- EXECUTIVE PROTECTION (LESSON 20H)
THE ENFORCEABLE TITLE AND THE PRODROMAL ACTIVITIES TO FORCED EXECUTION; FORCED EXPROPRIATION IN GENERAL; ATTACHMENT, CREDITORS INTERVENTION, FORCED SALE, DISTRIBUTION OF THE PROCEEDS; THE PROCESSES OF FORCED EXPROPRIATION; EXPROPRIATION OF SECURITIES BY THE DEBTOR; EXPROPRIATION OF SECURITIES BY THIRD PARTIES; REAL ESTATE EXPROPRIATION; THE PROCESSES OF FORCED EXECUTION IN A SPECIFIC FORM; EXECUTIVE OBJECTIONS; SUSPENSION AND TERMINATION OF THE ENFORCEMENT PROCESS

	Teaching Methods
	THE TEACHING, HELD IN ITALIAN LANGUAGE, IS ARTICULATED IN TWO PARTS OF 9 WEEKS EACH, AND IS COMPOSED OF 126 HOURS OF ASSISTED EDUCATION: FRONTAL LESSONS, DEEPENING SEMINARS AND EXERCISES (ALSO WITH COMMENT OF PROCEDURES AND JUDGMENTS) TO VERIFY THE PROGRAM OF KNOWLEDGE AND UNDERSTANDING OF THE DISCIPLINE, MOVING FROM THE PRINCIPLES OF JURISDICTIONAL PROTECTION TO THE SPECIFIC PROCEDURES THE COURSE OF LESSONS - OR WITHOUT OBLIGATION OF ATTENDANCE - IS ABLE TO OBTAIN THE BEST RESULTS OF LEARNING WITH STUDENTS ATTENDING REGULARITIES; STUDENTS NOT ATTENDING WILL INTEGRATE THE PROGRAM WITH ONE OR MORE SPECIALIST READINGS SELECTED BETWEEN THOSE INDICATED.

Teaching Methods

THE TEACHING, HELD IN ITALIAN LANGUAGE, IS ARTICULATED IN TWO PARTS OF 9 WEEKS EACH, AND IS COMPOSED OF 126 HOURS OF ASSISTED EDUCATION: FRONTAL LESSONS, DEEPENING SEMINARS AND EXERCISES (ALSO WITH COMMENT OF PROCEDURES AND JUDGMENTS) TO VERIFY THE PROGRAM OF KNOWLEDGE AND UNDERSTANDING OF THE DISCIPLINE, MOVING FROM THE PRINCIPLES OF JURISDICTIONAL PROTECTION TO THE SPECIFIC PROCEDURES
THE COURSE OF LESSONS - OR WITHOUT OBLIGATION OF ATTENDANCE - IS ABLE TO OBTAIN THE BEST RESULTS OF LEARNING WITH STUDENTS ATTENDING REGULARITIES; STUDENTS NOT ATTENDING WILL INTEGRATE THE PROGRAM WITH ONE OR MORE SPECIALIST READINGS SELECTED BETWEEN THOSE INDICATED.

	Verification of learning
	FOR STUDENTS ATTENDING: PRELIMINARY ORAL EXAMINATION ON THE FIRST PART RELATING TO THE GENERAL PRINCIPLES OF THE DISCIPLINE AND THEREFORE ORAL FINAL EXAMINATION; FOR STUDENTS NOT ATTENDING: ORAL FINAL EXAMINATION. THE FINAL ORAL EXAMINATION IS STRUCTURED IN TWO STEPS. IN THE FIRST PHASE THE STUDENT MUST DEMONSTRATE TO KNOW THE FUNDAMENTAL PRINCIPLES OF THE DISCIPLINE AND TO USE THEM IN A SYSTEMATIC KEY; IN THE SECOND STAGE IT WILL HAVE TO DEMONSTRATE TO KNOW TO IDENTIFY THE SIGNIFICANT DATA OF THE INDIVIDUAL INSTITUTES. THE FINAL VOTE IS GRANTED IN THIRTY YEARS AND IS OBTAINED AS MEDIUM AS THE EVALUATIONS ACHIEVED IN THE TWO PHASES. THE EXAM IS INTENDED EXCEEDED WHEN THE VOTE FOR EACH OF THE TWO PHASES IS GREATER THAN 15/30 AND THE TOTAL IS GREATER OR EQUAL TO 18. THE MINIMUM LEVEL OF EVALUATION (15) IS ATTRIBUTED WHEN THE STUDENT HAS A FRAMMENTARY KNOWLEDGE OF THEORETICAL CONTENT OR SHOW A LIMITED CAPACITY TO CONNECT LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE MAXIMUM LEVEL (30) IS ATTRIBUTED WHEN THE STUDENT SHOWS A FULL AND IN-DEPTH KNOWLEDGE OF THEORETICAL CONTENT OR SHOWS A CONSIDERABLE ABILITY TO CONNECT THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE LODE IS ATTRIBUTED WHEN THE CANDIDATE SHOWS SIGNIFICANT MASTERRY OF THEORETICAL AND OPERATIONAL CONTENT AND SHOWS YOU CAN PRESENT THE TOPICS WITH SIGNIFICANT LANGUAGE PROPERTIES AND AUTONOMOUS PROCESSING ABILITY EVEN IN DIFFERENT CONTEXTS FROM THOSE PROPOSED BY THE PROFESSOR.

Verification of learning

FOR STUDENTS ATTENDING: PRELIMINARY ORAL EXAMINATION ON THE FIRST PART RELATING TO THE GENERAL PRINCIPLES OF THE DISCIPLINE AND THEREFORE ORAL FINAL EXAMINATION;
FOR STUDENTS NOT ATTENDING: ORAL FINAL EXAMINATION.
THE FINAL ORAL EXAMINATION IS STRUCTURED IN TWO STEPS. IN THE FIRST PHASE THE STUDENT MUST DEMONSTRATE TO KNOW THE FUNDAMENTAL PRINCIPLES OF THE DISCIPLINE AND TO USE THEM IN A SYSTEMATIC KEY; IN THE SECOND STAGE IT WILL HAVE TO DEMONSTRATE TO KNOW TO IDENTIFY THE SIGNIFICANT DATA OF THE INDIVIDUAL INSTITUTES.
THE FINAL VOTE IS GRANTED IN THIRTY YEARS AND IS OBTAINED AS MEDIUM AS THE EVALUATIONS ACHIEVED IN THE TWO PHASES. THE EXAM IS INTENDED EXCEEDED WHEN THE VOTE FOR EACH OF THE TWO PHASES IS GREATER THAN 15/30 AND THE TOTAL IS GREATER OR EQUAL TO 18. THE MINIMUM LEVEL OF EVALUATION (15) IS ATTRIBUTED WHEN THE STUDENT HAS A FRAMMENTARY KNOWLEDGE OF THEORETICAL CONTENT OR SHOW A LIMITED CAPACITY TO CONNECT LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE MAXIMUM LEVEL (30) IS ATTRIBUTED WHEN THE STUDENT SHOWS A FULL AND IN-DEPTH KNOWLEDGE OF THEORETICAL CONTENT OR SHOWS A CONSIDERABLE ABILITY TO CONNECT THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE LODE IS ATTRIBUTED WHEN THE CANDIDATE SHOWS SIGNIFICANT MASTERRY OF THEORETICAL AND OPERATIONAL CONTENT AND SHOWS YOU CAN PRESENT THE TOPICS WITH SIGNIFICANT LANGUAGE PROPERTIES AND AUTONOMOUS PROCESSING ABILITY EVEN IN DIFFERENT CONTEXTS FROM THOSE PROPOSED BY THE PROFESSOR.

	Texts
	MANUALE DI BASE G. ARIETA, F. DE SANTIS, L. MONTESANO, CORSO BASE DI DIRITTO PROCESSUALE CIVILE, CEDAM,PADOVA, ULTIMA EDIZIONE(PER INTERO). OVVERO G. BALENA, ELEMENTI DI DIRITTO PROCESSUALE CIVILE, VOLUMI I, II, III, BARI, ULTIMA EDIZIONE (PER INTERO); OVVERO C. MANDRIOLI, CORSO DI DIRITTO PROCESSUALE CIVILE, ULT. ED., AGGIORNATA DA A. CARRATTA, VOLUMI I, II, III, TORINO, 2019 (PER INTERO).

	More Information
	AS WELL AS ON THE OCCASION OF LESSONS AND OTHER FRONTAL EDUCATIONAL OPPORTUNITIES, THE TEACHER RECEIVES STUDENTS IN NOTIFIED TIMES.

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Carlo MANCUSO | Civil Procedural Law