Program Overview

CIVIL PROCEDURE LAW MOD. II

Course Description

The course aims to provide students with specialized knowledge on the structure of the main civil trial models from a comparative perspective, both civil law and common law. It will also analyze the content requirements and drafting standards relating to the procedural acts of 'special proceedings' and of the enforcement process.

Learning Outcomes

The course seeks to achieve the following learning outcomes:

• Understand, identify, and recall the reform trends characterizing the main civil trial models
• Understand the structure and functioning of the civil trial models falling within the common law civil law areas and those definable as "emerging countries"
• Identify and apply the rules governing the operation of the main special proceedings contained in the Italian Code of Civil Procedure
• Understand and critically evaluate, with autonomy of judgment, the possible solutions applicable for an incisive reform of the Italian civil process

Teaching Methods

The course consists of lectures, for a total of 54 hours, during which the main theoretical notions of civil proceedings in a comparative perspective and of Italian special proceedings will be presented and analyzed. Practical examples and cases will also be proposed and discussed.

Syllabus/Content

The course program includes the presentation and discussion of the following topics:

• The various theoretical models of civil trials in comparative perspective
• Recurring problems and methodological approach
• Issues of guarantees and access to civil justice
• Ways of shaping the introductory phase
• Problems of preparation and handling of civil disputes
• Evidence and cognitive tools of the judge
• Conclusion of the dispute and alternative routes

Recommended Reading/Bibliography

For attending students:

• Module I: DONDI-ANSANELLI-COMOGLIO, Processi civili in evoluzione – Una prospettiva comparata (II ed.), Milan 2018, Giuffrè Ed., Chapters. II-V.
• Modules II - III: BIAVATI, Argomenti di diritto processuale civile (VII ed.), Bologna 2025, Ch. V (subchapters: 69 to 77 inclusive, pp. 577-645), Ch. VI (subchapters: 89 to 95 inclusive, pp. 737 - 790); Ch. VII (subchapters: 96 - 99 inclusive, pp. 791-827)

Teachers and Exam Board

• VINCENZO ANSANELLI
• Exam Board:
  • PAOLO COMOGLIO (President)
  • FILIPPO NOCETO
  • VINCENZO ANSANELLI (President Substitute)

Lessons

• Classes will take place from 23 February 2026 to 29 May 2026
• The class schedule will be provided separately

Exams

• The examination is oral and normally consists of four open questions
• Each question concerns a specific part of the program
• Depending on the progress of the course, an intermediate written test lasting one hour halfway through the course may be considered

Assessment Methods

The examination aims to verify the student's actual knowledge and acquisition of the basic theoretical notions as well as their ability to identify and apply the reference standards to specific concrete cases.

Exam Schedule

The exam schedule will be provided separately, including dates, times, and locations for the exams.