Abstract
The “simplified procedure” resulting from the Cartabia reform has immediately manifested multiple deficiencies and uncertainties, which have largely prevented its development in practice in relation to legislator’s expectations. The “corrective Decree” seeks to remedy some of these deficiencies through targeted interventions that sometimes provide confirmation of the initial interpretative lines already emerged during the validity of the original text, while other times require a revision of the initially preferred solutions. It is quite common, however, for such innovations – often in a not entirely prudent and considered manner – to bear a systematic meaning for the procedure, thus capable of transcending the limited contingent reason which inspired them. Those broader-ranging involve: the problem of the field of application of the “simplified procedure” – in its dialectic between “mandatory” and “elective” nature –; the configuration, despite the efforts made, still partially uncertain, of the time-barred system as well as the problem of the suitability of the procedure itself to be chosen for the celebration of those opposition proceedings which, where not instituted within a certain term, entail the time-barred effect, so that the formal difference of the first brief between the “simplified procedure” and the ordinary one may constitute a debatable issue.
| Translated title of the contribution | Confirmations and adjustments of the simplified rite after the correction |
|---|---|
| Original language | Italian |
| Pages (from-to) | 555-592 |
| Number of pages | 38 |
| Journal | IL GIUSTO PROCESSO CIVILE |
| Issue number | 2 |
| Publication status | Published - 2025 |
Keywords
- Rito semplificato
- Decadenza
- Errata scelta del rito
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