The following paper regards the aknowledgment of claim that could be implemented by the defendant after been notified about plaintiff’s claim and for the whole duration of trial as well. The previous legal institution is not expressly ruled by the italian civil procedure and for these reasons it’s definitely necessary to identify and fix the nature and the effects of that institution that involve the consequent judgment. Considering the Scholars’ positions and the line of cases, the objective of the present work is therefore to rebuild the institution of the aknowledgment of claim as an evidence of the principles of party disposition and procedural economy. Actually it’s considered that the parties, in the presence of the acknowledgment of claim and the principle of procedural economy, are supposed to bind the judge’s decision according to the mentioned acknowledgment in order to grant the plaintiff’s motion.
IL RICONOSCIMENTO DELLA DOMANDA / S. Minoretti ; tutor: M.F. Ghirga ; coordinatore: M.F. Ghirga. UNIVERSITA' DEGLI STUDI DI MILANO, 2013 Mar 13. 24. ciclo, Anno Accademico 2011. [10.13130/minoretti-silvia_phd2013-03-13].
IL RICONOSCIMENTO DELLA DOMANDA
S. Minoretti
2013
Abstract
The following paper regards the aknowledgment of claim that could be implemented by the defendant after been notified about plaintiff’s claim and for the whole duration of trial as well. The previous legal institution is not expressly ruled by the italian civil procedure and for these reasons it’s definitely necessary to identify and fix the nature and the effects of that institution that involve the consequent judgment. Considering the Scholars’ positions and the line of cases, the objective of the present work is therefore to rebuild the institution of the aknowledgment of claim as an evidence of the principles of party disposition and procedural economy. Actually it’s considered that the parties, in the presence of the acknowledgment of claim and the principle of procedural economy, are supposed to bind the judge’s decision according to the mentioned acknowledgment in order to grant the plaintiff’s motion.File | Dimensione | Formato | |
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