I POTERI DI DIREZIONE FORMALE DEL GIUDICE NEL PROCESSO CIVILE TEDESCO E ITALIANO: UNO STUDIO COMPARATO.

The Judge’s case management powers in italian and german private-law trials: a comparative study. This text offers a comparative analysis of the judge’s case management powers in private-law trials, granted to the judge in the italian and german legal systems. The aim of this research is to create solutions for a reform of the italian private-law system through the comparison between the functioning of italian and german private-law trials. The research opens with an overview of the main historical events which led to the formation of the italian and german private-law systems, focusing on the judge’s power during trials. Next, the constitutional principles related to the to the private-law trial will be analysed, in order to understand if the configuration of a judge having great case management powers can be considered constitutionally acceptable. Afterwards, the research addresses the most relevant reforms of both german and italian private-law trials which concerned the judge and his powers, and the their consequences. Finally, the research ends with an analysis of the positive norms which determine the role of the judge during trials both in the italian and in the german system, suggesting which elements of the german private-law trials can inspire a reform of the italian system.