Nomofilachia e correzione di ufficio delle sentenze della Cassazione

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Abstract

The Corte di cassazione is at the apex oh the Italian structure in civil and criminal matters, as the highest appeal court on questions of law. The essay is intended to examine the problematic profiles of the function of the Italian Corte di Cassazione, which has awarded itself the task of guiding the jurisprudence and has placed the function of guaranteeing civil rights in the background. The task of guiding the jurisprudence has also determined an improper use of the correction procedure, which is deemed to amend judgments affected by substantial errors, such as errors in typing and calculations. Notably the Corte di cassazione stated that it can correct motu proprio errors of law in its own judgments in order to guide the future decisions of the jurisprudence.
Original languageItalian
Pages (from-to)443-460
Number of pages18
JournalIL GIUSTO PROCESSO CIVILE
Publication statusPublished - 2020

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