Abstract
The study concerns the application of rules and fundamental guarantees in the proceedings on status, to be identified in inalienable legal positions having the qualities of universality, originality and permanence, usually settled to protect a person. In particular, due to the particularity of such situations the author deems impossible to relativize declaratory judgement on them. Since the aforesaid declarations cannot be limited only to the parties of the proceedings. On the other hand, the plea of the res judicata applies only where the guarantees related to the right bo be heard are fulfilled (e.g.. the judicial verification that the plaintiff is entitled to sue and that the defendant is the person to be sued and, sometimes, the jointer of necessary parties), together with the mandatory intervention of public representative of the general interest (pubblico ministero).
| Translated title of the contribution | Contribution to the study of status assessment |
|---|---|
| Original language | Italian |
| Pages (from-to) | 231-259 |
| Number of pages | 29 |
| Journal | RIVISTA DI DIRITTO CIVILE |
| Volume | LVII |
| Issue number | 2 |
| Publication status | Published - 2011 |
Keywords
- accertamento
- processo civile
- status
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