Question by: Silverio Neri | Last updated: December 20, 2021
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The petitum and the causa petendi are the objective elements of the action in Italian civil procedural law.
What does petitum mean?
In civil procedural law, one of the objective identifying elements of the proposed action. The term petitum immediate refers to the content of the provision requested from the judge, or to the nature of the protection requested (mere assessment, conviction, etc.). …
What is the judicial request?
The judicial request is the act (usually a summons) with which a subject (plaintiff) asks the judge for the recognition of a specific right, in relation to which a dispute has arisen.
What subject of the question?
Petitum [oggetto della domanda] (dp civ.): This is the subject of the judicial request, that is, what is asked of the judge. It constitutes (with the parties and the causa petendi) one of the identifying elements of the actions.
What does editio Actionis mean?
The term indicates the content of the act of the actor introducing the judgment.
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What is the counterclaim?
What is the counterclaim
The counterclaim (or reconvention) is the claim made by the defendant against the plaintiff who sued him. The defendant can: defend against the plaintiff’s claims (for example, by denying the facts), … propose the counterclaim.
What are the vocatio in ius and the editio Actionis?
It is the procedural act by which a subject (plaintiff) makes a request against another subject (defendant). The act has the dual function of bringing the defendant to court (vocatio in ius) and asking the judge to protect a specific legal position (editio actionis).
What is meant by the same cause?
We can speak of the same cause when two cases with the same object or two cases with the same subjects are brought before different judges, which are identified for the same causa petendi (reason for the action alleged in court) and for the same petitum (subject of the application, including both …
When does the necessary joinder occur?
Joint consortium necessary.
– In particular, there is a necessary consortium in cases in which the decision cannot be made except in comparison with several parties, so that they must act or be agreed upon in the same process (Article 102 of the Italian Code of Civil Procedure).
What is thema decidendum?
The expression, which is widely used in the legal field, indicates the main question that the judge must resolve in order to decide the dispute that has been presented to him.
How is a judicial request proposed?
The request is generally proposed with a summons to appear at a fixed hearing and, in the cases established by law, with an appeal. The request can also be proposed by the defendant (counterclaim) or by a third party through intervention.
Who has to transcribe the judicial request?
For example, if you purchase immovable property by notarial deed, this deed must be transcribed (by the notary) in the registers kept at the property registrar.
How do you transcribe a judicial request?
For the transcription of a judicial request, an authentic copy of the document containing it must be submitted, together with the notification report to the counterparty.
What are the objective limits of the judged?
The objective limits of the res judicata
The objective limits of the judgment are those concerning the causa petendi and the object of the sentence. In essence, the judgment is formed only on this object and not on the issues dealt with purely incidentally.
Who is the necessary litisconsort pretermesso?
354 of the Code of Civil Procedure, with reference to the hypothesis of a pretermitted litiscusort, is to be understood as a rule placed for the exclusive protection of the party in question and not of the others who could theoretically contest the infringement of their right of defense to be asserted against the pretermitted party.
What happens if the cross-examination is not integrated?
Failure to integrate the cross-examination into the necessary litisconsortium does not entail the declaration of nullity of the process and the consequent automatic referral of the case to the first judge if this ruling results in a waste of procedural energy that cannot better guarantee the needs of the …
How can a subsequent joinder be?
Furthermore, the joinder can be distinguished as original or subsequent depending on the moment in which the plurality of the parties is formed: at the time of the filing of the dispute, or subsequently, pending it. There is a subsequent consortium when the new parties are formed by intervention.
What is meant by lis pendens?
What does “lis pendens” mean? In the literal sense it means “pending case”, and in fact the term is used to identify the initial moment of the procedure.
Who arranges the meeting of the proceedings?
The meeting provision pursuant to art. 274 cpc of the connected cases, has an ordinatory nature and constitutes the exercise of the discretionary power entrusted to the indictment judge in the Supreme Court.
When is a lawsuit pending?
Very simplistically, we can say that a lawsuit is pending when the judgment between the parties is in progress. Pending, therefore, means that it hangs, which continues to occur through that succession of procedural acts and activities (of the judicial body, of the lawyers, of the parties) that characterizes a process.
What are the constitutive actions?
The constitutive action is the power, attributed by law, through the exercise of which the party who owns it can determine, unilaterally, the production of a legal modification in the sphere of another subject, without his cooperation; these “must do nothing, but neither can he do anything to remove …
What evidence is being constituted?
The three main evidence (non-documentary), which are all oral, are: confession, oath and testimony, necessarily introduced within the trial. They differ from the pre-established evidence.
How do you make a constitution and response appearance?
In the response, the defendant must propose all his defenses by taking a position on the facts posed by the plaintiff as the basis of the request, indicate his personal details and tax code, the means of proof he intends to use and the documents he offers in communication, formulate the conclusions.
When is the counterclaim void?
Nullity of the counterclaim and integration: If the counterclaim has an uncertain subject or is its title, it can be declared null and void. In these cases, the judge, having detected the defect in question, sets a peremptory term for the defendant to integrate it.
When is the judicial request inadmissible?
An appeal is inadmissible when it lacks any of the conditions required by the law for its proposition. It is therefore an original defect in the appeal that prevents the judge from reaching a ruling on the merits.
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