DIRITTO PROCESSUALE CIVILE II

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA VA
Academic year when starting the degree: 
2017/2018
Year: 
4
Academic year in which the course will be held: 
2020/2021
Course type: 
Compulsory subjects, characteristic of the class
Seat of the course: 
Varese - Padiglione Morselli
Credits: 
6
Period: 
Second semester
Standard lectures hours: 
35
Detail of lecture’s hours: 
Lesson (35 hours)
Requirements: 

The knowledge of the substantive law that is implemented in the process and the basic civil procedural law is essential.

Attendance of the course is necessary for its approach that presupposes an active participation of the student, called from the beginning to speak on the topics discussed in the classroom and progressively evaluated in his constancy and commitment to follow the proposed path.
The final exam will consist of an interview on what has been done in the classroom and on the readings recommended during the lessons and seminars.

Assessment: 
Voto Finale

The course is devoted primarily to a student who want to develop a higher level of knowledge of civil justice. It is aimed at forming a greater awareness of the complexity of the subject in those who cultivate the vocation for one of the legal professions like the ones of judge, lawyer or notary.
The course pursues a dual objective. The first of a cultural nature has the ambition to build a more complete framework of reference for the justice, which goes beyond the purely technical approach to civil procedural law.
This frame of reference will then become an opportunity to reflect on some central themes of the subject that in recent years posed questions to the case law itself and to constitutional judges, called to provide solutions that will be dialectically examined with the students to verify their shareability.
The second objective pursued by the course, of a more practical nature, is to revisit the conceptual categories learned in the courses of civil procedural law I and II through the drafting of briefs and legal opinions.

The course will begin with some introductory lectures on the anthropological, philosophical and cultural significance of justice, functional to overcome an exclusively technical approach to the subject.
This introduction of cultural character will be followed by a technical-legal explication and discussion of some specific themes that will thus have a better framework. The identification of procedural principles, the theme of briefs and legal language, the question of the grounding of the judgment and more, will then be addressed with a less conventional approach, but that enriches them with new meanings, which will be discussed dialectically in the classroom with students.
In the second part of the course the attention will be focused on the functioning of the civil proceedings through the drafting of briefs that will be an opportunity to revisit the conceptual categories learned in the courses of civil procedural law I and II.

The didactic material will be indicated at the beginning of the course.

Convenzionale

The course will take place in the second semester and will consist of 50 hours of lectures and seminars.

The teacher will receive the students after the lecture or on the basis of an appointment agreed by email.

Professors