DIRITTO PROCESSUALE CIVILE II

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA
Academic year when starting the degree: 
2018/2019
Year: 
4
Academic year in which the course will be held: 
2021/2022
Course type: 
Compulsory subjects, characteristic of the class
Seat of the course: 
Como - Università degli Studi dell'Insubria
Language: 
Italian
Credits: 
6
Period: 
First Semester
Standard lectures hours: 
35
Detail of lecture’s hours: 
Lesson (35 hours)
Requirements: 

The Knowledge of general institutions, conceptual categories as well as the technical language, acquired attending the course of civil procedure I, is essential to profitably approach the matter. It presupposes in general the knowledge already requested for the course of civil procedure I. It is also necessary the knowledge of private law institutes.

In accordance to Covid-19 dispositions, if exams in classroom will be permitted, at the end of the course students will be given the opportunity to take written exam on one of the two parts of the course, the passing of which will allow students to take the oral exam only on the other part of the course; the final mark will be the average of both parts. Written exam concerns two or more open questions according to the “upside down cone” (two or more general questions and few more specific questions). The final score will be expressed with an assessment of thirty; exam will be approved with a minimum mark of 18/30. If the written part is approved, the students is given the opportunity to take the oral part only on the other part of the course. It's up to students to do the entire exam in oral form. It’s also possible to refuse to the written exam’s mark and the repeat it in oral from with the second part.
The oral exam concerns (except in case of passing the written exam) both the parts of the program; the exam concerns two or more open questions according to the “upside down cone” (see, supra). The final score will be expressed with an assessment of thirty; exam will be approved with a minimum mark of 18/30 on all the questions proposed.
Learning assessment, both in written and in oral form, will focus: the knowledge of the institutes; the ability to express in correct and logical form, through a technical language; the ability to propose interpretative solutions critically reasoned.
During the exam, the consultation of the legal texts is permitted.

Assessment: 
Voto Finale

The course offers student a complete picture of civil procedure through the study of special proceedings and, therefore, of books III end IV of the code of civil procedure. It is devoted to the study of other models of judicial protection, in addition to the cognition learned in the first course, and thus to the enforcement procedure and to the provisional measure system. Being an advanced course, civil procedure will be presented according to more articulated methodological lines, aimed at causing students to develop their critical thinking and ability to argue, in order to learn how to propose legal solutions to solve specific problems. In this perspective, case law on specific issues will be analysed during the course.
The assessment of the students’ learning, which may be performed also in writing at the end of the course, will consist in the request to answer open-ended questions; the assessment is in itself functional to the development of the capabilities mentioned above and, therefore, to encouragement for the development of logical-legal skills necessary for the solution of specific issues.

The course is divided in two parts.
Part A): the study of the general principles of enforcement procedure, the regulation of the specific enforcement proceedings, of the astreintes and of the cognition proceedings of opposition to enforcement activity (approximately 22 hours);

PART B): the study of the summary proceeding on the merit, injunction proceeding, eviction validation proceedings; provisional measure system and some special measures (approximately 13 hours).

see section "contenuti"

The recommended text book is:
F.P. Luiso, Diritto processuale civile, Giuffrè, vol. III and IV, latest publication, only with regard to the issues and proceedings identified in the course outline.
- vol. III: all the chapter, excluded 12,14, 15,18,28
-Vol IV: from chapter 11 to 22 (included)

Professor will indicate during lessons any further materials which will be uploaded on the e-learning platform.
It’s highly recommended the consultation of an updated Civil Procedure Code

Convenzionale

Lectures.

a) If Covid-19 provisions will not allow lectures, lessons will be held online, through simultaneous videoconference on Teams Platform. Students will have to verify to be signed up on e-learning university platform in order to receive all the communications needed to take part to the online lessons.

b) Meetings student-professor: see professor’s personal web page.

c) professor's e-mail: alessandro.motto@uninsubria.it

d) During the academic year tutoring will be provided to students facing difficulties with the subject and in order to finalize the skills before the examination.

Professors