Sull’oggetto del processo di risarcimento: le potestà delle parti e i poteri del giudice

Translated title of the contribution: [Autom. eng. transl.] The object of the compensation process: the powers of the parties and the powers of the judge

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] The essay deals with the judge's powers in the compensation process within the framework of the fundamental principles of the matter (substantive device principle, principle of treatment, principle of availability of evidence, etc.). In particular, starting from the peculiar amplitude of the judicial prerogatives on the matter - especially with regard to the settlement of the damage - the role of the plaintiff in defining the object of the judgment and its specific attitude in identifying the essential elements of the claim for compensation are defined , as well as the positions of the parties to the process at the point of negotiation and assessment of the existence of the damage. Starting from these premises, various issues of great applicative interest are then examined, such as those relating to the validity of the claim for compensation, the powers of the judge at the preliminary stage, the competition between titles of responsibility in relation to the same claim for damages and the so-called splitting of the claim for compensation.
Translated title of the contribution[Autom. eng. transl.] The object of the compensation process: the powers of the parties and the powers of the judge
Original languageItalian
Title of host publicationStudi in memoria di Franco Cipriani
EditorsTrisorio Liuzzi G., Impagnatiello G. Balena G.
Pages3-28
Number of pages26
Publication statusPublished - 2020

Keywords

  • Processo
  • oggetto del giudizio
  • poteri del giudice
  • risarcimento

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