PROFILI DELL'IMPUGNAZIONE DELLE DECISIONI RESE SECONDO EQUITÀ

The thesis dealts with the challenge of ex aequo et bono judgements. First of all, the author analyses the way to challenge the judgment rendered by state courts or by arbitrators authorized to decide as amiable compositeur who, despite this, judge by strict law and the way to challenge the judgment rendered ex aequo et bono notwithstanding the parties have not authorized the judge or the arbitrators to act as amiable compositeur. Secondly, the author describes the system of appeal of the equitable judgements of the conciliator and of the judge of the peace, in particular in the light of the new article 339, par. 3 code of civil procedure. Finally, the work focuses on the particularity of the challenge of the ex aequo et bono awards.