Student guide Faculty of Law A.Y. 2007/08

 The course is divided into two parts:
- 1st semester: Civil Procedure Law
- 2nd semester: Civil Procedure Law: Companies

CIVIL PROCEDURE LAW
The course is designed to introduce students to in-depth (though for obvious reasons of concentration, necessarily sectorial) analysis of the main institutions, governed by the Civil Procedure Code and complementary legislation, on which the administration of civil law in Italy is based. Particular attention will be devoted to the principles and constitutional guarantees of “due process”, the historical/systematic development of the principles inspiring the codes of 1942 and the subsequent reforms, the principles of structure of the legal system, and the trial and procedural models governed, on an ordinary or special basis, by the Italian system of positive law. Textual and exegetic analysis of the legislative provisions, which will be commented on, will be accompanied by detailed consideration of the interpretation data offered by the latest case law.

 

CIVIL PROCEDURE LAW: COMPANIES
The course will introduce students to complete analysis of the fundamental principles and structure inspiring the new company law procedure, and provide them with specific information about the practical conduct of company law proceedings and their scope. The course will also analyse procedures relating to company law disputes, with sole reference to the study of the procedural structure, proceedings and remedies of the national courts and the European Court for breach of competition legislation.

 

1.   Concepts and general principles.
    1.1 The principles inspiring the 1942 Civil Procedure Code and subsequent reforms, in the historical context and the comparative scenario.
    1.2 The guarantees of “due process” in the 1948 Italian Constitution until the review of art. 111 introduced by Constitutional Act no. 2 of 23 November 1999.
    1.3 International civil law models.
    1.4 General procedural provisions (jurisdiction; judicial bodies, Public Prosecutor, parties and defence lawyers; action, adversarial principle and defence; powers of the judge; forms and nullity of acts).

 2.   The cognizance procedure at first instance.
    2.1 Structural principles.
    2.2 Pre-trial proceedings.
    2.3 Judgment and types of protection which can be granted by the court.
    2.4 Abnormal events during proceedings.

 3.   Appeals.
    3.1 General principles.
    3.2 The appeal.
    3.3 Appeals to the Court of Cassation.
    3.4 Other types of appeal, and res judicata.

4.   Special procedures.
    4.1 The new company law procedure.
    4.2 Labour law procedure and equivalent proceedings.
    4.3 Interlocutory proceedings.
    4.4 Injunction proceedings.
    4.5 Eviction authorisation proceedings.
    4.6 Proceedings in chambers.

 5.   The enforcement process.
    5.1 General outline.
    5.2 Compulsory enforcement.
    5.3 Specific forms of enforcement.
    5.4 Oppositions.

The course will be conducted in accordance with established academic methods, but lecturers will also endeavour to involve students, sometimes directly, in the debate on the most important and delicate civil law topics where this appears most interesting.

If possible, Paolo Della Vedova will organise exercises on the following subjects (and possibly other subjects in which students have expressed an interest):
-           international and constitutional law models;
-           comparison between European and non-European procedural models;
-           arbitration proceedings.

 

1.  Concepts and general principles.
    1.1 The principles inspiring company procedural law, in relation to the comparative law scenario.
    1.2 Scope of special procedure. Company law disputes.
    1.3 Preliminary stage and changes of procedure.

2.  The company law ordinary cognizance procedure at first instance.
    2.1 Introductory stage.
    2.2 Entry of appearance and third-party proceedings.
    2.3 Setting down the case for hearing.
    2.4 Hearing and decision.

 3.  Appeals.
    3.1 General principles.
    3.2 The appeal.

 4.  Summary cognizance proceedings.
    4.1  Summary proceedings.

 5.  Summary judgment.
    5.1 General outline.
    5.2 Introductory stage and preliminary stage.
    5.3 The conviction.
    5.4 Appeals.

 6.  Ex parte proceedings.
    6.1 Pre-trial interlocutory applications.
    6.2 Interlocutory applications during proceedings.

 7.  Proceedings in chambers. Scope.

 8.  Company arbitration.

 9.  Conciliation.

 The course will be conducted in accordance with established academic methods, but in-depth analysis of monographic subjects of particular interest and practical case studies may be introduced during the course.

 Exercises will be held on the more complex and interesting subjects, to be agreed during the course.

Supplementary work

Students intending to switch from first- and second-level courses to the long-cycle (five-year) degree course who have already taken both parts of the exam will be required to attend specifically organised seminars to obtain the 2 additional credits needed. The seminar timetable will be announced at the beginning of the year.

Oral exams will be held at the end of the course.

Students can choose one of the following textbooks to revise for the exam, and should consult the lecturers in advance about the parts to be studied and specifically analysed (if this has not already been indicated during lectures):

·         Comoglio, L. P., Ferri, C., Taruffo, M., Lezioni sul processo civile, Il Mulino, Bologna, 2006 (vols. I-II).

Or alternatively:

·         Mandrioli, C., Diritto processuale civile, Giappichelli, Turin, latest edition (vols. I, II, III and IV).

Students can choose one of the following textbooks to revise for the exam, and should consult the lecturers in advance about the parts to be studied and specifically analysed (if this has not already been indicated during lectures):

 

·         Comoglio, P., Della Vedova, P., Lineamenti di diritto processuale societario, Giuffré, Milan, 2006 (recommended course textbook).

 

Or alternatively (and for in-depth study):

 

·         Sundry authors, La riforma delle società, Il processo, Sassani, B., (ed.), Giappichelli, Turin, 2003.

·         Mandrioli, C., Diritto processuale civile, Vol. III, I procedimenti speciali di cognizione, Giappichelli, Turin, 2003 (pp. 291 onwards).

·         Arieta, G., De Santis, F., Diritto processuale societario, Cedam, Padova, 2004.