Jurisdiction without conflict? Remarks on non-adverse proceedings in Italy
The subject. This essay describes the procedural treatment of non-contentious matters inItaly. After a brief historical recount on the evolution of the concept of ‘non-contentiousjurisdiction’, from Roman law to the law in force, the chapter emphasizes the extreme varietyof non-adverse proceedings g...
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| Format: | Article |
| Language: | Russian |
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Dostoevsky Omsk State University
2017-10-01
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| Series: | Правоприменение |
| Subjects: | |
| Online Access: | https://enforcement.omsu.ru/jour/article/view/106 |
| _version_ | 1826564479528206336 |
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| author | E. Silvestri |
| author_facet | E. Silvestri |
| author_sort | E. Silvestri |
| collection | DOAJ |
| description | The subject. This essay describes the procedural treatment of non-contentious matters inItaly. After a brief historical recount on the evolution of the concept of ‘non-contentiousjurisdiction’, from Roman law to the law in force, the chapter emphasizes the extreme varietyof non-adverse proceedings governed by the Code of civil procedure and special statutesas well.The purpose of the article is to understand the ‘default rules’ of non-adverse proceedings(meaning the rules applicable insofar as the law does not ordain otherwise) provided by theCode of civil procedure. These rules outline a procedure in chambers that is simpler andless time-consuming than the ordinary one: for these reasons, the procedure in chambershas been increasingly adopted for the judicial treatment of a few contentious matters, withmixed results.Methodology. The methodological basis for the study: general scientific methods (analysis,synthesis, comparison, description); private and academic (comparative legal, interpretation,formal-legal).Results. It is difficult to foresee whether in the near future more attention will be devotedby Italian legislators to non-contentious jurisdiction so as to lay down rules that are uniformand consistent. In recent decades, Italian civil procedure has been re-written again andagain in the attempt to solve the most serious and enduring problem of the justice system,namely, the excessive length of proceedings.Conclusions. As far as non-contentious matters, in light of the notorious overload of Italiancourts the author believes that they could be handles more efficiently by administrativeauthorities. |
| first_indexed | 2024-04-10T01:24:52Z |
| format | Article |
| id | doaj.art-48e3aeb4359041a9b58a131900d7a101 |
| institution | Directory Open Access Journal |
| issn | 2542-1514 2658-4050 |
| language | Russian |
| last_indexed | 2025-03-14T10:20:31Z |
| publishDate | 2017-10-01 |
| publisher | Dostoevsky Omsk State University |
| record_format | Article |
| series | Правоприменение |
| spelling | doaj.art-48e3aeb4359041a9b58a131900d7a1012025-03-02T11:08:26ZrusDostoevsky Omsk State UniversityПравоприменение2542-15142658-40502017-10-011314314910.24147/2542-1514.2017.1(3).143-14987Jurisdiction without conflict? Remarks on non-adverse proceedings in ItalyE. Silvestri0University of PaviaThe subject. This essay describes the procedural treatment of non-contentious matters inItaly. After a brief historical recount on the evolution of the concept of ‘non-contentiousjurisdiction’, from Roman law to the law in force, the chapter emphasizes the extreme varietyof non-adverse proceedings governed by the Code of civil procedure and special statutesas well.The purpose of the article is to understand the ‘default rules’ of non-adverse proceedings(meaning the rules applicable insofar as the law does not ordain otherwise) provided by theCode of civil procedure. These rules outline a procedure in chambers that is simpler andless time-consuming than the ordinary one: for these reasons, the procedure in chambershas been increasingly adopted for the judicial treatment of a few contentious matters, withmixed results.Methodology. The methodological basis for the study: general scientific methods (analysis,synthesis, comparison, description); private and academic (comparative legal, interpretation,formal-legal).Results. It is difficult to foresee whether in the near future more attention will be devotedby Italian legislators to non-contentious jurisdiction so as to lay down rules that are uniformand consistent. In recent decades, Italian civil procedure has been re-written again andagain in the attempt to solve the most serious and enduring problem of the justice system,namely, the excessive length of proceedings.Conclusions. As far as non-contentious matters, in light of the notorious overload of Italiancourts the author believes that they could be handles more efficiently by administrativeauthorities.https://enforcement.omsu.ru/jour/article/view/106civil procedurenon-contentiousjurisdictionissue of lawnonadverse proceedingsitaly |
| spellingShingle | E. Silvestri Jurisdiction without conflict? Remarks on non-adverse proceedings in Italy Правоприменение civil procedure non-contentious jurisdiction issue of law nonadverse proceedings italy |
| title | Jurisdiction without conflict? Remarks on non-adverse proceedings in Italy |
| title_full | Jurisdiction without conflict? Remarks on non-adverse proceedings in Italy |
| title_fullStr | Jurisdiction without conflict? Remarks on non-adverse proceedings in Italy |
| title_full_unstemmed | Jurisdiction without conflict? Remarks on non-adverse proceedings in Italy |
| title_short | Jurisdiction without conflict? Remarks on non-adverse proceedings in Italy |
| title_sort | jurisdiction without conflict remarks on non adverse proceedings in italy |
| topic | civil procedure non-contentious jurisdiction issue of law nonadverse proceedings italy |
| url | https://enforcement.omsu.ru/jour/article/view/106 |
| work_keys_str_mv | AT esilvestri jurisdictionwithoutconflictremarksonnonadverseproceedingsinitaly |