TUTELA DEI DIRITTI E TIME LIMITS: UNO STUDIO ALLA LUCE DELLA GIURISPRUDENZA EUROPEA

The purpose of this comparative law thesis is to investigate the measure and the modalities in which time limits to the exercise of a right influence its effectiveness. In particular the study focus on the evolutionary aspect of the right of the prescription (limitation of action using common law expression) and the incidence that national and European jurisprudence has on it. This analysis has shown that rules on time limits for bringing judicial claims are designed to ensure the proper administration of justice and compliance with both the principle of legal certainty and equity, especially in guarantying the right of access to a court. This aim should be achieved by a casuistic approach by Courts. Set the premises, the analysis look at recent reforms of the right of limitation of action and soft law instruments, to extrapolate general trends in Europe and highlight the inadequacy of the Italian discipline at last.