141 research outputs found
The new protections in cases of family abuse and domestic and gender-based violence in italian civil procedural law
No full textThe contribution analyzes the new procedure outlined by the italian legislature that can be used whenever family abuse or violent conduct is attached in the trial. The author focuses attention on the introductory phase of the trial, the special precautions prescribed in order to avoid secondary victimization, the incisive powers now reserved to the judge with reference to the preliminary investigation and the measures that can be imposed to protect victims
Il patrocinio a spese dello Stato nella mediazione
No full textThe author analyzes the principles established by the law no. 206 of 2021 and
the Constitutional Court. Thereafter, she examines the new provisions regulating legal aid.
State aid towards lawyer's fees is now provided in cases where the mediation procedure is
mandatory, and the parties have reached an agreement. The innovation solves some critical
issues of the previous rules, however, the author suggests that it would have been
appropriate to extend legal aid also to voluntary procedures
Adr in materia di rapporti di consumo e l’opera di armonizzazione ancora a metà del guado
No full textThe contribution investigates the alternative dispute resolution tools in consumer matters and the European and national legislation
issued to enhance them. The analysis highlights a sometimes disorganized and fragmented regulation which, especially when the procedure
is a condition for the admissibility of legal proceedings, disregards the well-known asymmetry between professional and consumer, generating
a vulnus in the protection of the weaker party. The author suggests possible regulatory measures able to resolve some aporias of the system
and to reduce the judicial disputes in the long run
Il deposito, l'omologazione e l'esecutorietà del lodo. Il reclamo. Commento all'art. 825 c.p.c.
No full textThe arbitration award is effective as a judicial assessment, however it is enforceable only after approval by the Court. The Contribution analyzes the procedural “exequatur”, the regulatory reforms that, in time, have fol- lowed, as well as, the doctrinal orientations that have developed on their own nature. The analysis concerns the modalities of procedural activation, as well as, powers, duties and responsabilities of the parties, and subsequently the nature of control reserved to the Exequatur Judge. Finally, the author assesses ways to contest the judgement made by the Court against the cases of appeals
Litispendenza, continenza e connessione. Commento all'art. 819 ter c.p.c.
No full textThe author examines the role of the lawyer in the arbitration procedure and analyzes in detail the regulatory changes made by the 2006 reform. The legislator seems to equate the representative ad litem in the arbitration judgment and that ad litem conferred ex artt. 83 and 84 c.p.c. at the lawyer in the state trial.
The subject of analysis is therefore the power of attorney for the lawyer, which extends to any procedural document and the powers conferred on the lawyers of the parties considering the most recent jurisprudential guidelines.
The contribution then examines the issues relating to the recipient of the communication ex art. 824 c.p.c. and notification ex art. 828, c.p.c. of the arbitration award, as well as the notification of the appeal of the award.
The reforms have solved the most significant problems posed by the previous discipline, but others have yet to be resolved: the debate on the nature of the relationship between the party and the lawyer and, consequently, on the power of attorney, as well as on the overlapping of the two disciplines, in civil proceedings and in arbitration proceedings, in fact, continues
Circadian variation of fatigue in paralytic poliomyelitis and postpolio syndrome: just fatigue or masked restless legs syndrome?
No full text
CARATTERISTICHE DI SUPERFICIE DEGLI IMPIANTI DENTALI. STUDIO COMPARATIVO DI 3 DIVERSE TIPOLOGIE IMPLANTARI
No full textIL CARICO IMMEDIATO CON IMPIANTI A SUPERFICIE RUGOSA NELLE DIVERSE SOLUZIONI PROTESICHE: STUDIO PILOTA
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