Portale di Ateneo - En.Unibs.it

Will be examined the following problems:
- the relationship between precedent and procedural norms;
- the phenomenon of "consultive jurisprudence";
- the "massima";
- the judicial precedent;
- The tecnique of prospective overrluling.
The course is aimed at providing students with knowledge of comparative civil procedure, through the study of the judicial precedent. In particular, the civil law and common law legal systems will be compared in order to deepen the approach that they respectively reserve to the precedent. Special attention will be dedicated to the use of precedent as a "source" of procedural law.