[Autom. eng. transl.] The monograph highlights the centrality of the judicial demand in the system of civil jurisdictional protection, also seen in the perspective of the implementation of the essential guarantees of the process. The scope of the judge's powers, however, is delimited by reason of the principle principle - distinct from that of the demand (nemo iudex sine actore) - as an expression of the autonomy of private individuals (freedom and responsibility) towards the organs of the State. The question of the limits of the judge's decision-making duty is deepened in light of the foundation of the rule of correspondence between the requested and the pronounced, as well as in consideration of the discipline pertaining to the structure of the process, arriving at the definition of the concepts of extrapetizione and ultrapetizione, as well as to the identification of the respective regime applicable in the appeals judgments. Finally, we examine the extra and ultra petition flaws in the case studies.
|Translated title of the contribution||[Autom. eng. transl.] Extra and ultra petition. Study on the limits of the civil judge's decision-making duty.|
|Number of pages||242|
|Publication status||Published - 2012|
- corrispondenza tra il chiesto e il pronunciato
- dovere decisorio
- principio della domanda
- principio dispositivo