SAVE 20% at the library in the Court of Naples Plancqueel 3rd floor
Srategie procedural and substantive
year 2010 by Michele Iaselli
cooperating: Pasquale Guide, Daniela Cairo, Donatella Archivolti (+), Alex Perez, Gerardo Antonio Cavaliere, Peter Di Scala, Generoso Romano, Alessio Migliardi, Paola Parisi, Attilio Doria, Mario Iacone, Joseph Sparano, Simona Cardile, Floriana Filocamo,
The procedure for injunction stems from a creditor to avoid the injury resulting from ordinary times for assessment of the law. In order, therefore, the creditor can quickly acquire a title that can act enforceable against the debtor, it is expected that fulfills certain conditions, a provisional assessment summary effectively.
The process of injunction, which is offering immediate protection with regard to claims that money to those for delivery of movable property, meets the practical needs of the ordinary process of deflation, is provided in our Code of Civil Procedure on the basis of previous similar institutions exist in both the Orlando project in 1909 and in other projects in between.
Over the years the process has seen some action of the Constitutional Court that have altered the original structure and various measures of law and legitimacy and merit that has sought, through interpretation, to safeguard the protection requirements of intimate .
The hermeneutical issues and application of rules on the injunction from the need to reconcile two different (and often conflicting) requirements: on one hand offer the applicant a quick recognition of his claim and protect the other the position and the reasons dell'ingiunto. These issues were not resolved by the recent reform of the Code of Civil Procedure which put further questions.
The purpose of this work is to offer the reader a comprehensive picture of evolving and doctrinaire interpretation of the injunction proceedings in light of the recent reform of the civil trial.
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