10695 - CIVIL PROCEDURE, PART. 2

courses

ID:

10695

Duration (hours):

60

CFU:

Year:

2025

Date/time interval

Secondo Semestre (23/02/2026 - 07/05/2026)

Course Objectives

Civil Procedure (parts I and II) is a core topic: the exams must be taken by any law student, no matter what his or her concentration is. The subject is difficult and technical. Students are supposed to learn how to handle it in its details, since they will have to face it almost daily in their future professional lives. The course aims at teaching the procedural rules and their appropriate application, taking into account the features of the case at hand. In particular, for students who plan a career as attorneys the study of Civil Procedure part II is of paramount importance, with a view to acquiring a specialization that it is essential nowadays. At the end of the course, the hope is that students will have learned the basic tenets of Italian civil procedure, realizing that the subject matter require a constant updating due to the frequent changes brought about by the legislators.

Course Prerequisites

Besides the requirements listed in the Students' Guide as regards the mandatory sequence of the exams belonging to the curriculum of the first and second year, it is necessary that students master private law and, in particular, the rules concerning the law of obligations, as well all the rules laid down by the Sixth Book of the Civil Code that have a bearing on adjudication and enforcement procedures. Obviously, the exam cannot be taken unless the first part of Civil Procedure has been passed successfully: that said, it is of paramount importance that students are aware of the fact that no subjects included in the second part can be understood unless the basic institutes of Italian civil procedure are known in depth.

Teaching Methods

Classes will be given by the instructor with the aid, if necessary, of PowerPoint presentations. Seminars and workshops will be scheduled so as to assist students in the understanding of the rules of civil procedure in their practical operation, meaning that examples of the most important pleadings will be presented to the class and commented.

Assessment Methods

The exam is oral: at least three questions are ask to each candidate, concerning different topics among those dealt with in class or analyzed by the text book. The score is expressed in thirtieths, so that in order to pass the exam the minimum score is 18/30. The final score is the weighted average resulting from the sum of the score received for the exams of Civil Procedure Part I and Part II. Participation in the seminars will be taken into account, so as to increase the final score.

Texts

The texts for the preparation of the exam are the following:

- BALENA, G., 'Istituzioni di diritto processuale civile', Volume terzo, quarta edizione, Cacucci Editore, Bari, 2018, excluding Parte Quinta (concerning arbitration). The publisher has announced a new edition of the book that is supposed to the available in September 2019.
- LUISO, F. P., 'Diritto processuale civile', V, 'La risoluzione non giurisdizionale delle controversie', nona edizione, Giuffrè Editore, Milano, 2019, Chapters 1-17, as well as chapter 21.

An updated Code of civil procedure is an indispensable tool for the proper study of the text books.

The course will address the enforcement procedures and some among the most important special proceedings, such as interim measures, orders for payment, arbitration and ADR at large.