European Union Law

Civil Procedure in Italy 3rd Edition

By Michelle Angelo Lupoi
Kluwer Law International February 2018

Specifications

ISBN-13
9789041195746
Publisher
Kluwer Law International
Publication
February 2018
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Italy. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules.

The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

Table of Contents

The Author
List of Abbreviations
General Introduction
Part I. Judicial Organization
Chapter 1. The Courts and Their Members
Chapter 2. The Bar
Part II. Jurisdiction
Chapter 1. Domestic Jurisdiction
Chapter 2. Competence
Chapter 3. Resolution of Jurisdiction and Competence Conflicts
Part III. Actions and Claims
Chapter 1. Actions
Chapter 2. Claims and Defences
Chapter 3. Sanctions on Procedural Irregularities
Part IV. Proceedings
Chapter 1. Pretrial Proceedings
Chapter 2. Proceedings in First Instance
Chapter 3. Review Proceedings
Part V. Incidents
Chapter 1. Stay of the Proceedings (Sospensione del Processo)
Chapter 2. Interruption of the Proceedings
Chapter 3. Discontinuance of the Proceedings
Chapter 4. Interlocutory Applications
Part VI. Legal Aid and Legal Costs
Part VII. Evidence
Chapter 1. Burden of Proof
Chapter 2. Admissibility of Evidence
Chapter 3. Administration of Evidence
Part VIII. Particular Proceedings
Chapter 1. Particular Cognition Proceedings
Chapter 2. Other Particular Proceedings
Part IX. Seizure for Security and Enforcement of Judgments
Chapter 1. Seizure for Security
Chapter 2. Enforcement of Judgments
Part X. Arbitration
Chapter 1. Arbitrability
Chapter 2. Arbitration Agreement and Party Autonomy
Chapter 3. Composition of Arbitral Tribunal
Chapter 4. Interim Measures and Preliminary Awards
Chapter 5. Conduct of Arbitral Proceedings
Chapter 6. Arbitral Award
Chapter 7. Recourse Against Arbitral Award
Chapter 8. Recognition and Enforcement of Awards
Chapter 9. International Arbitration
Part XI. Mediation
Chapter 1. Legislation/Definitions
Chapter 2. Rights That Can Be Subject to Mediation
Chapter 3. Mediation Agreement
Chapter 4. Persons/Institutions That Can Act as Mediator
Chapter 5. Mediation Procedure
Chapter 6. Settlement Agreement
Chapter 7. Setting Aside a Settlement Agreement
Chapter 8. International Mediation
Part XII. Assisted Negotiation (negoziazione assistita) and Referral of Pending Cases to Arbitration
Chapter 1. Legislation
Chapter 2. Referral of Pending Cases to Arbitration
Chapter 3. Assisted Negotiation
Chapter 4. Assisted Negotiation in Matrimonial Disputes
Chapter 5. Separation and Divorce Without Lawyers
Selected Bibliography
Index
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