Mauro Cappelletti

Recognition of Foreign and Ecclesiastical Judgments

This chapter, after discussing the theoretical basis for the recognition of foreign judgments (14.01), and the types of foreign and ecclesiastical judgments that may be recognized (14.02–14.03), describes the prerequisites to (14.04–14.10), the procedure leading towards (14.11–14.13), and the consequences of (14.14), recognition. It further deals with the recognition accorded to foreign non-contentious judgments and orders (14.15–14.16), to foreign arbitral awards (14.17), and to foreign official acts and negotiable instruments (14.18), and with treaties that contain provisions affecting the recognition of foreign judgments (14.19–14.21). It ends with an examination of the recognition granted to ecclesiastical judgments (14.22–14.23).

Pre-Commencement Activities and Provisional Remedies

This chapter outlines steps taken by attorneys and litigants prior to commencing a proceeding (6.01), and the general characteristics, international aspects, and types of provisional remedies (6.02–6.04). It further discusses sequestrations (6.05–6.09), complaints of new work and complaints of feared damage (6.10–6.12), preservation of evidence (6.13), urgent relief (6.14), and other provisional relief, not specifically denominated as provisional remedies (6.15–6.22).

Professional Legal Assistance

This chapter describes the legal education and practical training of lawyers, the members and organization of the bar, the attorney-client relationship, and legal aid (2.01–2.07). It also discusses state attorneys (2.08), notaries (2.09), and legal advice by other than franchised lawyers (2.10).

Jurisdiction, Competence, and Venue

This chapter defines the terminology used and the general characteristics of Italian rules relating to adjudicatory power (4.01–4.03). It describes the general adjudicatory powers of the ordinary courts (4.04–4.07), limitations upon these powers (4.08–4.10), and the means of contesting them (4.11–4.14).

Failure to Appear, Suspension, Interruption, and Discontinuance

This chapter deals with occurrences that interfere with the normal evolution of a civil action. It describes the causes as well as consequences of failure to appear (11.01–11.08), suspension (11.09–11.14), interruption (11.15–11.20), and discontinuance (11.21–11.27).

The Decision Stage and Res Judicata

The discussion of the decision stage (fase decisoria) in this chapter encompasses activities before judgments — particularly remittance to the adjudicating panel (9.01), oral argument (9.02), and deliberation (9.03) — as well as the judgment itself (9.04–9.10).

International Co-Operation in Litigation: Italy

International judicial assistance, an inept term frequently used to describe procedures of international co-operation in litigation, has been defined as “aid rendered by one nation to another in support of judicial or quasi-judicial proceedings in the recipient country’s tribunals” 1 The term traditionally embraces aid rendered in obtaining testimonial, documentary, and other tangible evidence, aid in serving documents, aid in the proof of official documents, and aid in the determination of foreign law in local proceedings. In addition, in Italy, it ordinarily also comprises provisional remedies granted in aid of a proceeding in another state.

The Introductory Stage of a Civil Action

In discussing the introductory stage of a civil action, this chapter deals with such variegated matters as the kinds of relief that may be sought (7.01–7.07), the required contents of a citation (7.08), the requirements of fair play imposed upon a party and his lawyer in conducting litigation generally and in drafting pleadings in particular (7.09), the manner, proof, and consequences of service (7.10–713), the consequences of procedural errors (7.14–7.15), appearances (7.17–7.21), answers (7.22), third party practice and consolidation (7.22–7.23), and the docketing of the case and the designation of the examining judge who is to supervise the proof-taking stage (7.25–7.28).

Attacks on Judgments: Impugnazioni

After discussing rules that apply to attacks on judgments generally (10.01— 10.03), this chapter considers correction of errors that appear on the face of a judgment (10.04), regolamento di competenza (10.05), appeals (10.06), review by the Corte di cassazione (10.07), proceedings on remand (10.08), revocation (10.09), and third party opposition (10.10).

International Co-Operation in Litigation

After defining the term international co-operation in litigation and discussing the relevance of most-favored nation clauses (15.01–15.02), this chapter desscribes assistance available in Italy in serving foreign documents (15.03–15.05) and in obtaining testimony (15.06), non-official tangible evidence (15.07), proof of official documents (15.08–15.09), proof of Italian law (15.10–15.11), and provisional remedies in aid of foreign proceedings (15.12).