Судебное разбирательство без спора о праве? Замечания об особом производстве в Италии

Pravoprimenenie

Элизабетта Сильвестри¹ 

[1] Университет Павии

关键词: Гражданский процесс;    производство;    спор о праве;    упрощенное производство;    Италия;   

DOI  :  10.24147/2542-1514.2017.1(3).143-149

学科分类：社会科学、人文和艺术（综合）

来源: Dostoevsky Omsk State University

【 摘 要 】

The subject. This essay describes the procedural treatment of non-contentious matters in Italy. After a brief historical recount on the evolution of the concept of ‘non-contentious jurisdiction’, from Roman law to the law in force, the chapter emphasizes the extreme variety of non-adverse proceedings governed by the Code of civil procedure and special statutes as well. The purpose of the article is to understand the ‘default rules’ of non-adverse proceedings (meaning the rules applicable insofar as the law does not ordain otherwise) provided by the Code of civil procedure. These rules outline a procedure in chambers that is simpler and less time-consuming than the ordinary one: for these reasons, the procedure in chambers has been increasingly adopted for the judicial treatment of a few contentious matters, with mixed results. Methodology. The methodological basis for the study: general scientific methods (analysis, synthesis, comparison, description); private and academic (comparative legal, interpretation, formal-legal). Results. It is difficult to foresee whether in the near future more attention will be devoted by Italian legislators to non-contentious jurisdiction so as to lay down rules that are uniform and consistent. In recent decades, Italian civil procedure has been re-written again and again in the attempt to solve the most serious and enduring problem of the justice system, namely, the excessive length of proceedings. Conclusions. As far as non-contentious matters, in light of the notorious overload of Italian courts the author believes that they could be handles more efficiently by administrative authorities.

【 授权许可】

CC BY