234 research outputs found

    La funzione nomofilattica della cassazione (a margine del “Progetto esecuzioni”)

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    The «Project enforcement procedures» of Section Three of the Supreme Court aims at ensuring the uniform interpretation of the Law and at offering unquestionable and consolidated guidelines on the enforcement proceedings. The Author draws inspiration from this project and focuses his attention on the Court’s nomophilactic role. The legislative amendments appeared over the last few years, particularly relating to the rewriting of Art. 363 of the Code of civil procedure, reinforces the nomophilactic role of the Supreme Court («nomofilachia»), but, at the same time, imposes numerous interpretative issues. The Author underlines the criticalities of the nomophilactic role of the Court and of the distorted made in some decisions of the above-mentioned role. In light of the foregoing, it is strongly suggested a more efficient and effective collaboration between the stakeholders in the best interest of Justice

    La funzione nomofilattica per una (tendenzialmente unica e non soltanto) "uniforme interpretazione della legge"

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    The article analyzes the original role of the Court of Cassation and focuses its attention on the legislative changes appeared in recent years. The author focuses on the rewriting of Art. 363 of the Code of civil procedure, that reinforces the nomophilactic role of the Suprem Court (“nomofilachia”), but, at the same time, imposes numerous interpretative issues. The author underlines the criticalities and then offers disenchanted observations de iure condito and de iure condendo

    IMPUGNAZIONE DEL PROVVEDIMENTO ESECUTIVO ED ESECUZIONE FORZATA Appeal Against Enforceable Decisions and Enforcement Procedure

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    The Author examines the incidence of temporary measures (provisional deci- sions) or definitive measures (upholding of the appeal) on the enforcement pro- ceedings, excluding enforcement oppositions and the stay of the enforcement procedure, in the light of the most recent legislative interventions and case-law
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