Civil enforcement law (2016/2017)

Course code
4S01097
Name of lecturer
Alberto Maria Tedoldi
Coordinator
Alberto Maria Tedoldi
Number of ECTS credits allocated
6
Other available courses
Academic sector
IUS/15 - CIVIL PROCEDURAL LAW
Language of instruction
Italian
Period
1° periodo di lezioni dal Oct 3, 2016 al Dec 16, 2016.

Lesson timetable

Learning outcomes

The course addresses the rules of execution, a judicial way to enforce unsatisfied rights of creditors: special attention is given to the following proceedings: “foreclosure” and distribution disputes, “recovery of chattel”, “enforcement through coercive measures”, and “oppositions to enforcement”, as typical remedies.

Syllabus

1. Executive jurisdiction. – 2. Executive title and executive precept. – 3. Forced expropriation: the distraint. – 4. Concursus creditorum in the forced expropriation. – 5. Forced sale and assignation. – 6. Revenue distribution and distribution controversies. – 7. The execution in specific form. – 8. Suspension and extinction of the execution proceedings. – 9. The coercive measures. – 10. The opposition to the execution proceedings.

Reference books
Author Title Publisher Year ISBN Note
G. Verde Diritto processuale civile, vol.III - Processo di esecuzione Zanichelli  
Alberto Tedoldi Esecuzione forzata (Edizione 1) Pacini Editore 2020

Assessment methods and criteria

The exam is oral and consists in ascertaining knowledge of the fundamental principles and rules concerning civil enforcement law. The exam is based on three questions: one on the general principles of the matter, one on forced expropriation proceedings and one on the oppositions to the execution proceedings.
Only for students who participate to the lessons, in alternative to the oral exam is provided a final examination in written, to be carried out in one hour and which consists of the aforementioned three open questions.
The final mark is expressed in thirtieths.

Teaching aids

Documents

STUDENT MODULE EVALUATION - 2016/2017