the judicial attempt at conciliation: the new section 185-bisof the italian code of civil procedure
Clicks: 276
ID: 143208
2014
Article Quality & Performance Metrics
Overall Quality
Not rated
Combines reader engagement with the AI quality analysis. This
article has not been analysed, so there is no overall score —
reader engagement is measured and shown alongside.
Reader Engagement
Popular Article
30.0
/100
276 views
33 readers
AI Quality Assessment
Not analyzed
Readership in this journal
PopularRanked #2 of 14 articles by views in integrative play therapy
Most read
Least read
Bar heights use a square-root scale.
Mint this article as an NFT
Not yet mintedCreate a permanent, verifiable on-chain record of this article on the Scimatic Network. The NFT is held in your Journament account, and you can withdraw it to your own wallet at any time.
5
SUSD
one-off · no wallet required
Abstract
This article focuses on recent reforms of the Italian Civil Procedure Code through which a new section 185-bis had been added, providing that the Judge, at the first hearing or until the termination of the evidence-taking phase of the proceedings, may suggest to the parties a settlement or conciliation proposal, when appropriate to the nature and the value of the dispute and the issues of prompt solution at law.
The author’s intent is, on the one hand, to identify the rationale of the new rule and, on the other hand, to emphasize that unfortunately the new rule does not reverse misfortunes of Italian civil justice, but rather gives rise to many difficulties of interpretation.With this purpose, this article first investigates the distinctive traits of the various attempts at conciliation contained in the Code of Civil Procedure, taking into consideration not only the current version of the rules but also the provisions which have followed one another over time. It follows a detailed examination of the elements of the proposal under sect. 185-bis, as to the timeframe, its discretional or mandatory nature, sanctions for the party’s unjustified refusal as well as the role of the Judge with respect to his or her decision-making function.
The author’s intent is, on the one hand, to identify the rationale of the new rule and, on the other hand, to emphasize that unfortunately the new rule does not reverse misfortunes of Italian civil justice, but rather gives rise to many difficulties of interpretation.With this purpose, this article first investigates the distinctive traits of the various attempts at conciliation contained in the Code of Civil Procedure, taking into consideration not only the current version of the rules but also the provisions which have followed one another over time. It follows a detailed examination of the elements of the proposal under sect. 185-bis, as to the timeframe, its discretional or mandatory nature, sanctions for the party’s unjustified refusal as well as the role of the Judge with respect to his or her decision-making function.
| Reference Key |
ferrari2014russianthe
Use this key to autocite in the manuscript while using
SciMatic Manuscript Manager or Thesis Manager
|
|---|---|
| Authors | ;Francesca Ferrari |
| Journal | integrative play therapy |
| Year | 2014 |
| DOI |
10.17589/2309-8678-2014-2-3-80-95
|
| URL | |
| Keywords |
Citations
No citations found. To add a citation, contact the admin at info@scimatic.org
Comments
No comments yet. Be the first to comment on this article.