Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2012/2013
Belonging course: 
Disciplinary sector: 
CIVIL PROCEDURAL LAW (IUS/15)
Language: 
Italian
Credits: 
14
Year of study: 
5
Cycle: 
First Semester
Hours of front activity: 
112

Language

Italian

Course description

Acquisition by the students of knowledge related to:
- the Italian civil proceedings
- the judicial system
- principles and technicalities in the civil trial

Expected learning results, in accord to the Dublin descriptors:
At the end of the course, the student should demonstrate the acquisition of the following knowledge, ability and skills:

Knowledge and Understanding
- deep knowledge related to the judicial system and the general principles of the civil trial;
- skills about strategies and problem solving in the civil trial.

Applying Knowledge and Understanding
- skills to apply principles and general rules to real cases of civil trial. These skills will be useful to students who want become lawyers, judges or public notaries.

Making judgments
The student must learn:
- to catch and solve any impediment or delay in any kind of civil proceeding
- develop strategies to achieve the best results in the civil trials

Communication
Skills to speak and show summarily and clearly what’s useful for the civil trial

Lifelong Learning skills
The students must develop the ability to connect law, judgements and writings for practical uses or theoretical studies.

Prerequisites

To understand the contents of the lessons and achieve the educational objectives of the course, the student must have acquired knowledge and skills related to the analysis of the: a) constitutional system; b) jurisdictional function; c) main principles of civil law

Syllabus

First part
The jurisdiction - The competence - The basic principles of civil trial - The actions - The answers - The parties - The processual acts and their voidness - The writs of summons – The defense – The hearing – The means of evidence – The worker’s trial

Second part
The challenges - The appeal – The Supreme Court and its trial – The other challenges – Res iudicata – The enforceable judgement – The writ of execution - Kinds of foreclosures – The oppositions against the execution The payment order - The eviction process -The preliminary measures

FIRST PART (56 hours)
1.- GENERAL PRINCIPLES (28 hours)
The jurisdiction
The competence
The basic principles of civil trial
The actions
The answers
The parties
The processual acts and their voidness
The writs of summons
The defence
The hearings
The means of evidence
The worker’s trial

SECOND PART (56 hours)
2.- THE CHALLENGES (28 hours)
General principles
The appeal
The Supreme Court and its trial
The other challenges
Res iudicata
3.- THE ENFORCEMENT PROCEEDINGS (16 hours)
The enforceable judgement
The writ of execution
Kinds of foreclosures
The oppositions against the execution
4.- THE SPECIAL PROCEEDINGS (12 hours)
The payment order
The eviction process
The preliminary measures

Teaching Methods

Frontal lessons supported by materials available on the department’s site

Textbooks

First part:
Verde, Diritto processuale civile, V ed., 2017, the following paragraphs only:

1. Parte generale

Capitolo 2, §§ 3, 6, 7
Capitolo 3, §§ 2, 3, 4, 6
Capitolo 4, §§ 2, 3, 6
Capitolo 5, §§ 2, 3, 4, 7
Capitolo 6, §§ 1, 2, 3, 6, 7, 8, 9, 10, 11
Capitolo 7, § 8

2. Processo di cognizione

Capitolo 1, §§ 2, 3, 4, 6, 7
Capitolo 2, §§ 4, 5, 6, 7
Capitolo 3, § 3
Capitolo 4, §§ 4, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18
Capitolo 5, §§ 2, 3, 7
Capitolo 6, §§ 4, 5, 6, 7
Capitolo 10, §§ 2, 3, 6, 7, 8, 9

Second part:
Verde, Diritto processuale civile, v ed., 2017, the following paragraphs only:

2. Processo di cognizione

Capitolo 7, §§ 1, 2, 5, 6, 8, 9
Capitolo 8, §§ 2, 3, 5, 6, 7, 9, 10, 11, 12, 13, 15, 16
Capitolo 9, §§ 2, 6

3. Processo di esecuzione.- Procedimenti speciali

Parte I.- Processo di esecuzione

Capitolo 2, §§ 1, 5, 6
Capitolo 3, §§ 1, 3, 4, 5, 6, 7, 8, 11
Capitolo 4, §§ 2, 3
Capitolo 5, §§ 2, 3, 4
Capitolo 7, §§ 2, 3, 4, 5
Capitolo 8, §§ 2, 3, 5
Capitolo 9, §§ 1, 2, 3

Parte II.- Procedimenti speciali

Capitolo 1, §§ 4, 5, 6, 7, 8, 9, 10
Capitolo 2, §§ 2, 3, 4, 6
Capitolo 3, §§ 3, 4, 5, 6, 7, 9, 10, 11, 13

Learning assessment

1. Number of the exam phases: 1

2. Exam objectives: verification of the knowledge level of each student about the principal course issues;

3. Exam methodology: oral exam

4. Timing: based on the Department exam calendar

5. Duration: 30 min

6. Typology: conversation

7. Exam final evaluation: the student will gain the minimum score when he will be able to demonstrate the acquisition of basic knowledge related to the institutional framework, to the source hierarchy, to the judicial protection, and to the internal market discipline. The student will gain the maximum score when he will be able to demonstrate the fuly achievement of the expected results, according to the Dublin indicators.

More information

Preparatory courses:
Institutions of Public Law
Institutions of Civil Law