The inadmissibility of the appeal in Court of Cassation and the newly introduced accelerated decision procedure between rigid formalisms and deflationary novelties
11-28-2023
Note to the order issued by the Court of Cassation, section III, 4 October 2023, no. 27947.
This ruling has a twofold content characterised both by the (severe) approach inherent in the sanction of the inadmissibility of the appeal in the event of the late filing of the report of notification of the contested measure and by the application of the new Article 380-bis of the Code of Civil Procedure; the latter rule imposes certain considerations as regards its anticipatory nature and the forcibly persuasive-deflective effects it brings with it.
This ruling has a twofold content characterised both by the (severe) approach inherent in the sanction of the inadmissibility of the appeal in the event of the late filing of the report of notification of the contested measure and by the application of the new Article 380-bis of the Code of Civil Procedure; the latter rule imposes certain considerations as regards its anticipatory nature and the forcibly persuasive-deflective effects it brings with it.
Contribution edited by Luca Conte
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| Giustizia Civile 11.28.2023 | 184.24 KB |  |
Luca Conte