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The student is expected to have alredy passed the examination of Anglo-American law or of comparative legal systems and the examination of civil procedural law I. Alternatively such courses should at least have been attended.
At the end of the course the student will be able to recognize a "true" precedent from an only "alleged" one. It will also be able to "work" with judicial decisions of Italian and foreign law.
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.
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.
L. PASSANANTE, Il precedente impossibile. Contributo allo studio del diritto giurisprudenziale nel processo civile, Torino, Giappichelli, 2018
Lectures and exercises
Oral examination. Attending students will be allowed to take all or part of the examination by means of intermediate tests.