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.
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 oppositions to the execution.
|G. Verde||Diritto processuale civile, vol.III - Processo di esecuzione||Zanichelli||Ultima edizione disponibile|
|Alberto Tedoldi||Esecuzione forzata (Edizione 1)||Pacini Editore||2020||Ultima edizione disponibile|
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.
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