Ancora sulle interferenze tra azione ex art. 1051 c.c. e processo litisconsortile: le ultimissime oscillazioni della giurisprudenza

The identification of the boundary line between what is inside and what is outside the scope of the case referred to the art. 102 c.p.c does not cease to be of interest, in its complexity, to the attention of the so-called law in action. A recent decision of the Court of Cassation renews the debate in relation to a spe-cific profile, questioning the way in which a case - abstractly configurable as a hypothesis of necessary joinder of parties - must be brought before the court in order to apply the corresponding legal regime. The dispute runs along two tracks: on the one hand, there are those who demand strict observance of prin-ciple of demand; on the other, there are those who value the judge's powers in the requalification of the case. The purpose of this paper is to review, through a brief narration of the long case law, the various stages of the debate in an at-tempt to offer an order to the terms of the problem or, at least, to clarity them.