Contributo allo studio dell'eccezione nel processo civile. 1) Concetti e principi generali

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Abstract

[automatically translated] The history of the theory of the exception, writes Schwalbach, showing an unbroken series of misunderstandings. And in fact the institute, from its distant origin in the process to formulate the Roman today, it was marked by complex and often contradictory evolutions and transformations, in parallel to changing the socio-historical context and the development of legal science. However, the judge disappeared and the Roman world, the demise of the empire Medieval vision, and the compilation of Justinian, the institute has, however, survived inextricably linking its meaning to the theory of action. Define the exception means to define, first of all, define the action, observes Colesanti; and the polysemy of the word exception is, today, first polysemy of action word. In this study we will try to give account of the complex evolution of the exception, tentandone a possible unified framework that is consistent as possible with the process system and which allows, at the same time, to reach valid hermeneutical results in practice. This first volume, dedicated to general concepts, followed by a second (in preparation) for in-depth analysis of the individual case except in the positive law.
Original languageItalian
PublisherAracne Editrice S.r.l.
Number of pages246
ISBN (Print)978-88-548-6435-1
Publication statusPublished - 2013

Publication series

NameStudi di Diritto Processuale civile e di diritto Comparato

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