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Civil Procedure Reform in Italy

Civil Procedure Reform in Italy VINCENZO VARANO 1. THE TRADITIONAL SYSTEM OF LITIGATION — A BRIEF OVERVIEW Throughout th e years , i t ha s become almost commonplace amon g Italian as well as foreign commentators, tha t the Italian system of civil procedure introduced by the code (CPC) of 1940, effective since 1942, amended in 1950, is at best inefficient. In fact, although delay seems to characterize, to a greater or lesser extent, most contempo­ rary legal systems, th e level of delay reached in Italy ha s become in­ tolerable, so as to amount to a real denial of justice , and to give rise to many complaints to th e European Court of Huma n Rights for vio- VINCENZO VARANO is Professor of Law, University of Florence. The article reflects the substance of th e paper submitted to th e International Conference on "Civil Procedure Reform in Comparative Context" organized by th e School of Law of New York Univer­ sity at Villa La Pietra, Florence, on May 30-31 an d Jun e 1, 1996, with the addition of the footnotes, and the necessary updatings until March 24, 1997. 1. On the Code of 1942, and the Amendments of 1950, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Civil Procedure Reform in Italy

Varano, Vincenzo
American Journal of Comparative Law , Volume 45 (4) – Oct 1, 1997
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Publisher
Oxford University Press
Copyright
© 1997 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/841010
Publisher site
See Article on Publisher Site

Abstract

VINCENZO VARANO 1. THE TRADITIONAL SYSTEM OF LITIGATION — A BRIEF OVERVIEW Throughout th e years , i t ha s become almost commonplace amon g Italian as well as foreign commentators, tha t the Italian system of civil procedure introduced by the code (CPC) of 1940, effective since 1942, amended in 1950, is at best inefficient. In fact, although delay seems to characterize, to a greater or lesser extent, most contempo­ rary legal systems, th e level of delay reached in Italy ha s become in­ tolerable, so as to amount to a real denial of justice , and to give rise to many complaints to th e European Court of Huma n Rights for vio- VINCENZO VARANO is Professor of Law, University of Florence. The article reflects the substance of th e paper submitted to th e International Conference on "Civil Procedure Reform in Comparative Context" organized by th e School of Law of New York Univer­ sity at Villa La Pietra, Florence, on May 30-31 an d Jun e 1, 1996, with the addition of the footnotes, and the necessary updatings until March 24, 1997. 1. On the Code of 1942, and the Amendments of 1950,

Journal

American Journal of Comparative Law – Oxford University Press

Published: Oct 1, 1997

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