Incertezze giurisprudenziali sul momento di produzione degli effetti della sentenza civile
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The paper analyses the state of the jurisprudence of legitimacy on the issue of when a civil judgment produces its declaratory and constitutive effects. After reconstructing the main interventions on the two "systems of rules" that have allowed the Court to take a position on this question (Article 282 of the Code of Civil Procedure, on the provisional enforceability of the judgment, and the provisions on the suspension of proceedings, useful for identifying the moment in which the extra-trial constraint of the decision is triggered), the author notes the existence of contradictions between jurisprudential orientations, not yet completely overcome. Finally, some problematic reflections are made on a possible research itinerary regarding the “soft” effectiveness of the non-final civil judgment.
- F.M. Simoncini