Danno da irragionevole durata del processo e contumacia

Translated title of the contribution: [Autom. eng. transl.] Damage from unreasonable length of trial and default

Research output: Contribution to journalArticlepeer-review

Abstract

The A. analyses the hypothesis if a defendant who does not enter in appearance can claim damages for the violation of Art. 6 of the ECHR, which declares that everyone is entitled to a fair and public hearing within a reasonable time. The Italian Corte di cassazione considers that default does not represent a barrier for this opportunity, although damages could be reduced if the defendant had gained by the unreasonable time of the case. However the assumption of this solution is that there is an obligation between the defendant and State, so damages does not originate from a tort, but from a violation of a duty to performance.
Translated title of the contribution[Autom. eng. transl.] Damage from unreasonable length of trial and default
Original languageItalian
Pages (from-to)445-451
Number of pages7
JournalLA NUOVA GIURISPRUDENZA CIVILE COMMENTATA
Volume2014
Publication statusPublished - 2014

Keywords

  • Civil Liability
  • Contumacia
  • Danno non patrimoniale
  • Default
  • Durata irragionevole del processo
  • Non-pecuniary damage
  • Responsabilità civile
  • Trial

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