Syllabus will be made available upon request. Please contact the instructor at remo.caponi@gmail.com
Course Content - Last names E-N
The Civil Procedure (models A and B) regulates types of court proceedings organized primarily by the state and aimed at ensuring that the rules of substantive law to be implemented even in case of no spontaneous cooperation between the parties. Is therefore essential prior knowledge above of all of the private law in the many aspects that are involved in the study of the civil trial. This is the main difficulty of the subject.
Course Content - Last names O-Z
Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at pagni@unifi.it
A. Proto Pisani, Lezioni di diritto processuale civile, 6a ed., Napoli, 2014
For the purposes of the study of the second module the parts to be studied of the manual are as follows:
1. Chapter VIII: § 2
2. Ch. IX: §§ 1.3., 2, 3, 4, 5
3. Ch. XI: except §§ 1.2.2.4.3., 1.2.2.4.4., 1.3.3.: footnote 5
4. Ch. XII
5. Ch. XIII
6. Ch. XIV
7. Ch. XV
8. Ch. XVI
G. De Nova, Codice civile e leggi collegate, Bologna, 2015 e Addenda del settembre 2016
C. Ferri, Codice di procedura civile e leggi collegate, Bologna, 2015 e Addenda del settembre 2016
Those who have already purchased the Civil Code and the Code of Civil Procedure in the latest version available may continue studying on those already possessed.
Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at pagni@unifi.it
Learning Objectives - Last names E-N
Knowledge
Systematic knowledge of the forms of judicial protection of rights, and civil proceedings, i.e. tools aimed at ensuring that the substantive rules (essentially: civil law, commercial law, labor law) are also implemented in case of no spontaneous cooperation between the parties.
Capacity
Before a case that raises a question of protecting a right, the ability to legally qualify (reconstruct the case, identify and interpret the legal rules) to determine if and how the order prepares a form of civil judicial protection.
Skills
Ability to play the professional role of lawyers expert in the field of judicial protection of civil rights, in the various manifestations, particularly (but not only) a lawyer, judge, notary public.
Learning Objectives - Last names O-Z
Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at pagni@unifi.it
Prerequisites - Last names E-N
General Constitutional Law, Private Law I, Private Law II.
Prerequisites - Last names O-Z
Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at pagni@unifi.it
Teaching Methods - Last names E-N
Lectures: 40 hours
Seminars/Moot Court: 8 hours
Teaching Methods - Last names O-Z
Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at pagni@unifi.it
Further information - Last names E-N
The exam requires, in addition to studying the textbook, even the regular consultation of the Civil Code and the Code of Civil Procedure (the latest version available).
Codes can be consulted during the exam, if sustained in oral form.
It should be noted that, with the Law of 28 June 2012, n. 92 (so-called “Reform Fornero”), was introduced a special rite for the protection against unlawful dismissal (Article 1, paragraphs 48 to 68), of which knowledge is required only in the general lines.
In addition, the Law of 7 August 2012, n. 134 has made important changes concerning appeals, both in the ordinary in the labor disputes process. In particular, we have modified the Articles. 342, 345, 383, 434, 447-bis and 702-quater of the Code, was introduced to the call filter in Articles. 348-bis and ter, and 436-bis of the Code, and has been amended art. 360, n. 5 Code of Civil Procedure, which provided for a ground of appeal to the Supreme Court for lack of motivation.
Other changes are introduced with the Law of 24 December 2012, n. 228 (which has modified the Articles. 543, 547, 548 and 549 c.p.c., regarding the “pignoramento presso terzi”), with the Law of 9 August 2013, n. 98 (which has modified the Articles. 70, 185-bis, 380-bis, 390, 420, 645, 648 and 791-bis c.p.c.) and with the Law of 11 August 2014, n. 114 (wich has modified the Articles. 126, 133, 207 and 530 c.p.c.).
It is necessary to take into account also:
a) the recent changes made with the Law of 10 November 2014, n. 162, which has introduced, among other things, the negotiation assisted by one or more lawyers and the Article 183-bis c.p.c. (change by th court of the ordinary rite into summary rite of cognition) and has made changes in the execution process (especially in the Articles 543 and 547 c.p.c., regarding the expropriation above third parties) and in the Article 1284 c.c. (inserting a fourth paragraph regarding the legal rate of interest from the beginning of the process);
b) the Law of 27 February 2015, n. 83, which has reformed the discipline of the civil liability of judges;
c) finally, the Law of 6 August 2015, n. 132, which has further affected the execution process, in particular with regard to seizure and forced sale.
It’s therefore recommended the regular consultation of the latest version of the code and the comparison between the indications given by the manual and the text of the provisions contained in the code.
On the reform realized with the Law of the 18 June 2009, n. 69, we also point out, alternatively with the Appendix of the Manual, the contribution of G. Balena, La nuova pseudo-riforma della giustizia civile (un primo commento della l. 18 giugno 2009, n. 69), in Giusto processo civile, 2009, 749 ss..
Further information - Last names O-Z
Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at pagni@unifi.it
Type of Assessment - Last names E-N
Final oral examination. It is possible to ask to take the exam in written form, with open-ended questions.
Type of Assessment - Last names O-Z
Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at pagni@unifi.it
Course program - Last names E-N
1. Process with plurality of parties.
2. Appeals.
3. Summary protection.
4. Precautionary protection.
5. Proceedings in chambers.
6. Enforcement.
7. Work on special procedures.
Course program - Last names O-Z
Syllabus will be made available upon request. Students from non-speaking-Italian backgrounds, who are interested in learning Italian Civil Procedure, are kindly requested to contact the instructor at pagni@unifi.it