Giurisprudenza | CIVIL ENFORCEMENT LAW

cod. 0160100027

CIVIL ENFORCEMENT LAW

	0160100027
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2020/2021

PERCORSO UNIQUE CURRICULUM

	YEAR OF DIDACTIC SYSTEM 2012
	SECONDO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/15	8	72	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

	Objectives
	STUDY IN DEEP THE KNOWLEDGE OF THE INSTITUTES OF THE FORCED EXECUTION PROCESS. STARTING FROM THE GENERAL PRINCIPLES THAT REGULATE THE CIVIL PROCEDURE AND IN PARTICULAR THE EXECUTIVE MATTER, OFFERING THE INSTRUMENTS NECESSARY FOR THE UNDERSTANDING OF THE STRUCTURE OF THE FORCED EXECUTION EVEN THROUGH AN ANALYTICAL DISAMINE OF THE CONCRETE FORMS OF USING THE DIFFERENT TYPES OF EXECUTIVE PROCEDURES. EXPECTED LEARNING RESULTS. - SKILLS OF KNOWLEDGE AND UNDERSTANDING: ACQUISITION OF ESSENTIAL ELEMENTS TO UNDERSTAND THE DYNAMICS OF FORCED EXECUTION PROCESSES; ABILITY TO UNDERSTAND THE LEVEL OF IMPLEMENTATION OF THE FUNDAMENTAL GUARANTEES OF THE RIGHT PROCESS IN EXECUTIVE PROTECTION. - ABILITY TO APPLY KNOWLEDGE AND TO UNDERSTAND: TO BE ABLE TO ANALYZE THE DIFFERENT FORMS OF EXECUTIVE PROTECTION EVEN IN RELATION TO THE CODICISTIC SOLUTIONS ADOPTED FOR THE BALANCING OF THE CONTRACTS OF INTEREST OF THE PARTIES; APPLYING IN PRACTICAL EXPERIENCE AND, IN PARTICULAR, IN THE DIFFERENT WORKING AREAS OF REFERENCE OF THE C.D.L. THE DIFFERENT KNOWLEDGE ACQUIRED ALSO IN ORDER TO THE CONCRETE OPERATION OF THE FORCED EXECUTION.

STUDY IN DEEP THE KNOWLEDGE OF THE INSTITUTES OF THE FORCED EXECUTION PROCESS. STARTING FROM THE GENERAL PRINCIPLES THAT REGULATE THE CIVIL PROCEDURE AND IN PARTICULAR THE EXECUTIVE MATTER, OFFERING THE INSTRUMENTS NECESSARY FOR THE UNDERSTANDING OF THE STRUCTURE OF THE FORCED EXECUTION EVEN THROUGH AN ANALYTICAL DISAMINE OF THE CONCRETE FORMS OF USING THE DIFFERENT TYPES OF EXECUTIVE PROCEDURES.
EXPECTED LEARNING RESULTS.
- SKILLS OF KNOWLEDGE AND UNDERSTANDING: ACQUISITION OF ESSENTIAL ELEMENTS TO UNDERSTAND THE DYNAMICS OF FORCED EXECUTION PROCESSES; ABILITY TO UNDERSTAND THE LEVEL OF IMPLEMENTATION OF THE FUNDAMENTAL GUARANTEES OF THE RIGHT PROCESS IN EXECUTIVE PROTECTION.
- ABILITY TO APPLY KNOWLEDGE AND TO UNDERSTAND: TO BE ABLE TO ANALYZE THE DIFFERENT FORMS OF EXECUTIVE PROTECTION EVEN IN RELATION TO THE CODICISTIC SOLUTIONS ADOPTED FOR THE BALANCING OF THE CONTRACTS OF INTEREST OF THE PARTIES; APPLYING IN PRACTICAL EXPERIENCE AND, IN PARTICULAR, IN THE DIFFERENT WORKING AREAS OF REFERENCE OF THE C.D.L. THE DIFFERENT KNOWLEDGE ACQUIRED ALSO IN ORDER TO THE CONCRETE OPERATION OF THE FORCED EXECUTION.

	Prerequisites
	WE RECOMMEND A GOOD KNOWLEDGE OF THE BASES OF CONSTITUTIONAL LAW, PRIVATE LAW AND CIVIL PROCEDURAL LAW.

	Contents
	THE EXECUTIVE TITLE AND THE PRODROMIC ACTIVITIES OF THE FORCED EXECUTION (8H LESSON) THE EXECUTIVE TITLE IN GENERAL. CERTAINTY, LIQUIDITY AND ENFORCEABILITY OF THE LAW. THE ABSTRACTION OF THE EXECUTIVE TITLE. THE RULE NULLA EXECUTIO SINE TITULO. JUDICIAL AND EXTRAJUDICIAL EXECUTIVE TITLES. THE EUROPEAN EXECUTIVE TITLE (TEE) AND THE COMMUNITY EXECUTIVE TITLE. THE PRODROMICHE ACTIVITIES TO THE EXECUTION: SHIPMENT IN EXECUTIVE FORM AND NOTIFICATION OF THE ACT OF PRECEPT. THE SUCCESSION IN THE EXECUTIVE TITLE. SPECIAL FORCED EXECUTIONS. THE C.D. UNTITLED EXECUTIONS. THE C.D. FORCED EXECUTION WITHOUT REVOCATION FORCED EXPROPRIMATION IN GENERAL (14 H LESSON) THE RIGHT EXECUTIVE PROCESS. PATRIMONIAL RESPONSIBILITY AND COERCIVE SATISFACTION OF CREDITS. THE CONTRADICTORY IN THE EXECUTIVE PROCESS. FORECLOSURE AS THE FIRST ACT OF FORCED EXPROPRIATION AND ITS EFFECTS. CONVERSION AND REDUCTION OF FORECLOSURE. THE INTERVENTION OF CREDITORS. THE ASSIGNMENT AND THE SALE, AND THE RELATIVE SUBSTANTIAL EFFECTS. THE DISTRIBUTION OF THE PROCEEDS FORCED EXPROPILITION PROCESSES (32H LESSON) TYPES OF FORCED EXPROPRIATION PROCESSES. THE EXPROPRIATION OF SECURITIES WITH THE DEBTOR. THE EXPROPRIATION OF MOTOR VEHICLES, MOTOR VEHICLES AND TRAILERS. EXPROPRIATION WITH THIRD PARTIES. REAL ESTATE EXPROPRIATION; FORCED SALE REAL ESTATE; THE DELEGATION TO THE PROFESSIONALS OF FORCED SALE TRANSACTIONS. THE EXPROPRIATION OF UNDIVIDED ASSETS. EXPROPRIATION AGAINST THE THIRD OWNER. FORCED EXECUTION PROCESSES IN SPECIFIC FORM (6H LESSON) FORCED EXECUTION IN SPECIFIC FORM FOR DELIVERY (OF MOVABLE THINGS) OR RELEASE (OF IMMOVABLE THINGS). FORCED EXECUTION IN SPECIFIC FORM TO DO AND NOT TO DO. THE COERCIVE MEASURES AIMED AT IMPLEMENTING THE OBLIGATIONS OTHER THAN THE PAYMENT OF THE SUMS OF MONEY. EXECUTIVE OPPOSITIONS (8H LESSON) THE "SYSTEM" OF EXECUTIVE OPPOSITIONS; OPPOSITION TO EXECUTION. THE SUSPENSION OF THE EXECUTIVE TITLE. OPPOSITION TO EXECUTIVE ACTS. THIRD PARTY OPPOSITION TO ENFORCEMENT. THE EXECUTIVE OPPOSITIONS IN THE FIELD OF WORK; THE EXECUTIVE OPPOSITIONS AND THE SUMMARY RITE OF COGNITION. SUSPENSION AND EXTINCTION OF THE EXECUTIVE PROCESS (4 H LESSON) PURPOSES AND LIMITS OF SUSPENSION. SUSPENSION REQUIRED BY THE LAW. THE NECESSARY SUSPENSION ORDERED BY THE JUDGE BEFORE WHOM THE ENFORCEABLE TITLE IS CHALLENGED; SUSPENSION ORDERED BY THE EXECUTION JUDGE. RESUMPTION OF THE SUSPENDED PROCESS. THE EXTINCTION; THE TYPICAL HYPOTHESES OF EXTINCTION; THE EFFECTS OF EXTINCTION. THE HYPOTHESES OF "ATYPICAL" CLOSURE OF THE EXECUTIVE PROCESS

Contents

THE EXECUTIVE TITLE AND THE PRODROMIC ACTIVITIES OF THE FORCED EXECUTION (8H LESSON)

THE EXECUTIVE TITLE IN GENERAL. CERTAINTY, LIQUIDITY AND ENFORCEABILITY OF THE LAW. THE ABSTRACTION OF THE EXECUTIVE TITLE. THE RULE NULLA EXECUTIO SINE TITULO. JUDICIAL AND EXTRAJUDICIAL EXECUTIVE TITLES. THE EUROPEAN EXECUTIVE TITLE (TEE) AND THE COMMUNITY EXECUTIVE TITLE. THE PRODROMICHE ACTIVITIES TO THE EXECUTION: SHIPMENT IN EXECUTIVE FORM AND NOTIFICATION OF THE ACT OF PRECEPT. THE SUCCESSION IN THE EXECUTIVE TITLE. SPECIAL FORCED EXECUTIONS. THE C.D. UNTITLED EXECUTIONS. THE C.D. FORCED EXECUTION WITHOUT REVOCATION

FORCED EXPROPRIMATION IN GENERAL (14 H LESSON)
THE RIGHT EXECUTIVE PROCESS. PATRIMONIAL RESPONSIBILITY AND COERCIVE SATISFACTION OF CREDITS. THE CONTRADICTORY IN THE EXECUTIVE PROCESS. FORECLOSURE AS THE FIRST ACT OF FORCED EXPROPRIATION AND ITS EFFECTS. CONVERSION AND REDUCTION OF FORECLOSURE. THE INTERVENTION OF CREDITORS. THE ASSIGNMENT AND THE SALE, AND THE RELATIVE SUBSTANTIAL EFFECTS. THE DISTRIBUTION OF THE PROCEEDS

FORCED EXPROPILITION PROCESSES (32H LESSON)
TYPES OF FORCED EXPROPRIATION PROCESSES. THE EXPROPRIATION OF SECURITIES WITH THE DEBTOR. THE EXPROPRIATION OF MOTOR VEHICLES, MOTOR VEHICLES AND TRAILERS. EXPROPRIATION WITH THIRD PARTIES. REAL ESTATE EXPROPRIATION; FORCED SALE REAL ESTATE; THE DELEGATION TO THE PROFESSIONALS OF FORCED SALE TRANSACTIONS. THE EXPROPRIATION OF UNDIVIDED ASSETS. EXPROPRIATION AGAINST THE THIRD OWNER.

FORCED EXECUTION PROCESSES
IN SPECIFIC FORM (6H LESSON)
FORCED EXECUTION IN SPECIFIC FORM FOR DELIVERY (OF MOVABLE THINGS) OR RELEASE (OF IMMOVABLE THINGS). FORCED EXECUTION IN SPECIFIC FORM TO DO AND NOT TO DO. THE COERCIVE MEASURES AIMED AT IMPLEMENTING THE OBLIGATIONS OTHER THAN THE PAYMENT OF THE SUMS OF MONEY.

EXECUTIVE OPPOSITIONS (8H LESSON)
THE "SYSTEM" OF EXECUTIVE OPPOSITIONS; OPPOSITION TO EXECUTION. THE SUSPENSION OF THE EXECUTIVE TITLE. OPPOSITION TO EXECUTIVE ACTS. THIRD PARTY OPPOSITION TO ENFORCEMENT. THE EXECUTIVE OPPOSITIONS IN THE FIELD OF WORK; THE EXECUTIVE OPPOSITIONS AND THE SUMMARY RITE OF COGNITION.

SUSPENSION AND EXTINCTION
OF THE EXECUTIVE PROCESS (4 H LESSON)
PURPOSES AND LIMITS OF SUSPENSION. SUSPENSION REQUIRED BY THE LAW. THE NECESSARY SUSPENSION ORDERED BY THE JUDGE BEFORE WHOM THE ENFORCEABLE TITLE IS CHALLENGED; SUSPENSION ORDERED BY THE EXECUTION JUDGE. RESUMPTION OF THE SUSPENDED PROCESS. THE EXTINCTION; THE TYPICAL HYPOTHESES OF EXTINCTION; THE EFFECTS OF EXTINCTION. THE HYPOTHESES OF "ATYPICAL" CLOSURE OF THE EXECUTIVE PROCESS

	Teaching Methods
	TEACHING, HELD IN ITALIAN, IS DIVIDED INTO A TWELVE-WEEK COURSE, STARTING FROM THE SECOND SEMESTER, FOR A TOTAL OF 72 HOURS OF ASSISTED TEACHING: FRONTAL LESSONS, IN-DEPTH SEMINARS AND PRACTICAL EXERCISES, INCLUDING THROUGH CASE LAW STUDY OF PARTICULAR INTEREST. THESE ACTIVITIES ARE AIMED AT VERIFYING THE PROGRESS OF THE STUDENT'S KNOWLEDGE AND UNDERSTANDING OF THE DISCIPLINE, ALSO BY APPLYING IT TO PRACTICAL CASES. TEACHING - EVEN IF YOU DO NOT HAVE A FREQUENCY REQUIREMENT - AIMS TO GET BETTER LEARNING OUTCOMES WITH REGULAR STUDENTS.

Teaching Methods

TEACHING, HELD IN ITALIAN, IS DIVIDED INTO A TWELVE-WEEK COURSE, STARTING FROM THE SECOND SEMESTER, FOR A TOTAL OF 72 HOURS OF ASSISTED TEACHING: FRONTAL LESSONS, IN-DEPTH SEMINARS AND PRACTICAL EXERCISES, INCLUDING THROUGH CASE LAW STUDY OF PARTICULAR INTEREST. THESE ACTIVITIES ARE AIMED AT VERIFYING THE PROGRESS OF THE STUDENT'S KNOWLEDGE AND UNDERSTANDING OF THE DISCIPLINE, ALSO BY APPLYING IT TO PRACTICAL CASES.
TEACHING - EVEN IF YOU DO NOT HAVE A FREQUENCY REQUIREMENT - AIMS TO GET BETTER LEARNING OUTCOMES WITH REGULAR STUDENTS.

	Verification of learning
	FOR ATTENDING STUDENTS: ORAL EXAM TESTING ON THE FIRST PART RELATING TO THE GENERAL PRINCIPLES OF THE DISCIPLINE AND THEN FINAL ORAL EXAMINATION; FOR NON-ATTENDING STUDENTS: ORAL FINAL EXAM. THE ORAL FINAL EXAMINATION IS STRUCTURED IN TWO PHASES. IN THE FIRST STAGE THE STUDENT SHOULD DEMONSTRATE TO KNOW THE FUNDAMENTAL PRINCIPLES OF THE DISCIPLINE AND TO USE THEM IN A SYSTEMATIC KEY; IN THE SECOND STAGE SHOULD DEMONSTRATE TO KNOW TO IDENTIFY THE SIGNIFICANT DATA OF INDIVIDUAL INSTITUTES. THE FINAL VOTE IS ATTRIBUTED IN THIRTY-TWO AND IS OBTAINED AS AN AVERAGE OF THE EVALUATIONS OBTAINED IN THE TWO STAGES. THE EXAMINATION IS EXCEEDED WHEN THE VOTE FOR EACH OF THE TWO PHASES IS GREATER THAN 15/30 AND THE TOTAL ONE IS GREATER OR EQUAL TO 18. THE MINIMUM EVALUATION LEVEL (15) IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTARY KNOWLEDGE OF THE THEORETICAL CONTENT OR SHOW A LIMITED CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE MAXIMUM LEVEL (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND DEEPENING KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A NOTABLE CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. LA LODE IS ATTRIBUTED WHEN THE CANDIDATE PROVIDES SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIVE CONTENTS AND EXHIBITS TO KNOW THE ARGUMENTS WITH REMARKABLE LANGUAGE PROPERTY AND ABILITY OF AUTONOMOUS PROCESSING ALSO IN CONTEXTS DIFFERENT FROM THOSE PROPOSED BY THE TEACHER.

Verification of learning

FOR ATTENDING STUDENTS: ORAL EXAM TESTING ON THE FIRST PART RELATING TO THE GENERAL PRINCIPLES OF THE DISCIPLINE AND THEN FINAL ORAL EXAMINATION;
FOR NON-ATTENDING STUDENTS: ORAL FINAL EXAM.
THE ORAL FINAL EXAMINATION IS STRUCTURED IN TWO PHASES. IN THE FIRST STAGE THE STUDENT SHOULD DEMONSTRATE TO KNOW THE FUNDAMENTAL PRINCIPLES OF THE DISCIPLINE AND TO USE THEM IN A SYSTEMATIC KEY; IN THE SECOND STAGE SHOULD DEMONSTRATE TO KNOW TO IDENTIFY THE SIGNIFICANT DATA OF INDIVIDUAL INSTITUTES.
THE FINAL VOTE IS ATTRIBUTED IN THIRTY-TWO AND IS OBTAINED AS AN AVERAGE OF THE EVALUATIONS OBTAINED IN THE TWO STAGES. THE EXAMINATION IS EXCEEDED WHEN THE VOTE FOR EACH OF THE TWO PHASES IS GREATER THAN 15/30 AND THE TOTAL ONE IS GREATER OR EQUAL TO 18. THE MINIMUM EVALUATION LEVEL (15) IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTARY KNOWLEDGE OF THE THEORETICAL CONTENT OR SHOW A LIMITED CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE MAXIMUM LEVEL (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND DEEPENING KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A NOTABLE CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. LA LODE IS ATTRIBUTED WHEN THE CANDIDATE PROVIDES SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIVE CONTENTS AND EXHIBITS TO KNOW THE ARGUMENTS WITH REMARKABLE LANGUAGE PROPERTY AND ABILITY OF AUTONOMOUS PROCESSING ALSO IN CONTEXTS DIFFERENT FROM THOSE PROPOSED BY THE TEACHER.

	Texts
	ALTERNATIVELY ARIETA, DE SANTIS, MONTESANO, CORSO BASE DI DIRITTO PROCESSUALE CIVILE, MILANO, CEDAM, 2019, CAPITOLI DA 36 A 41 LUISO, DIRITTO PROCESSUALE CIVILE, III, MILANO, GIUFFRÈ, 2017 MANDRIOLI CARRATTA, CORSO DI DIRITTO PROCESSUALE CIVILE ED. MINOR, TORINO, GIAPPICHELLI, 2019, III, CAPITOLI DA 1 A 6 WISE CHOICES, TO BE AGREED WITH THE TEACHER: IANNICELLI, LA PUBBLICITÀ DEL PROCEDIMENTO DI VENDITA, IN LA VENDITA IMMOBILIARE FORZATA (A CURA DI L. IANNICELLI, C. MANCUSO, A. MUSIO), MILANO, GIUFFRÈ, 2020, 299-317; MANCUSO, LA VENDITA SENZA INCANTO, IN LA VENDITA IMMOBILIARE FORZATA (A CURA DI L. IANNICELLI, C. MANCUSO, A. MUSIO), MILANO, GIUFFRÈ, 2020, 379-392 IANNICELLI, LA SOSPENSIONE DELLA VENDITA IN LUOGO DELLA EMANAZIONE DEL DECRETO DI TRASFERIMENTO, IN LA VENDITA IMMOBILIARE FORZATA (A CURA DI L. IANNICELLI, C. MANCUSO, A. MUSIO), MILANO, GIUFFRÈ, 2020,509-522 IANNICELLI, GLI EDIFICI DI CULTO APERTI AL PUBBLICO E L’ESPROPRIAZIONE FORZATA, IN IURA AND LEGAL SYSTEMS, ISSN 2385-2445, 2017 , 168-177 LOMBARDI, L’ESPROPRIAZIONE DEI BENI INDIVISI E LE RIFORME DELL’ULTIMO DECENNIO, IN RIV. DIR. PROC.,2016, 2, 317 I

Texts

ALTERNATIVELY
ARIETA, DE SANTIS, MONTESANO, CORSO BASE DI DIRITTO PROCESSUALE CIVILE, MILANO, CEDAM, 2019, CAPITOLI DA 36 A 41
LUISO, DIRITTO PROCESSUALE CIVILE, III, MILANO, GIUFFRÈ, 2017
MANDRIOLI CARRATTA, CORSO DI DIRITTO PROCESSUALE CIVILE ED. MINOR, TORINO, GIAPPICHELLI, 2019, III, CAPITOLI DA 1 A 6
WISE CHOICES, TO BE AGREED WITH THE TEACHER:

IANNICELLI, LA PUBBLICITÀ DEL PROCEDIMENTO DI VENDITA, IN LA VENDITA IMMOBILIARE FORZATA (A CURA DI L. IANNICELLI, C. MANCUSO, A. MUSIO), MILANO, GIUFFRÈ, 2020, 299-317;
MANCUSO, LA VENDITA SENZA INCANTO, IN LA VENDITA IMMOBILIARE FORZATA (A CURA DI L. IANNICELLI, C. MANCUSO, A. MUSIO), MILANO, GIUFFRÈ, 2020, 379-392
IANNICELLI, LA SOSPENSIONE DELLA VENDITA IN LUOGO DELLA EMANAZIONE DEL DECRETO DI TRASFERIMENTO, IN LA VENDITA IMMOBILIARE FORZATA (A CURA DI L. IANNICELLI, C. MANCUSO, A. MUSIO), MILANO, GIUFFRÈ, 2020,509-522
IANNICELLI, GLI EDIFICI DI CULTO APERTI AL PUBBLICO E L’ESPROPRIAZIONE FORZATA, IN IURA AND LEGAL SYSTEMS, ISSN 2385-2445, 2017 , 168-177
LOMBARDI, L’ESPROPRIAZIONE DEI BENI INDIVISI E LE RIFORME DELL’ULTIMO DECENNIO, IN RIV. DIR. PROC.,2016, 2, 317

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