identification elements of the action i.e
The civil process is a legal means of settling the dispute with the object of private law
Based on the principles of civil procedural law content a large part in the code of civil procedure.
In ancient Rome, the actors are represented in the texts of roman law, with the fictitious name of: Aulo Agerio, the defendants, instead, they are represented in the texts of roman law, with the fictitious name of: Numerius Negidio. The figure of the process is closely related to that of protection, since the latter is necessarily judicial, and depleting typically the task in the apparatus of the case with a ruling of the court. Starting from this premise, among the many considerations in the doctrine regarding the actual function of the process there are two main. The oldest sees the process as an instrument that assists the individual for the realization and the exercise of his right to the other, prevailing in almost all of the Twentieth century, considers the process as a public function, direct the reinstatement of the right objective. Abandoned initially the first setting on the wake of the German influence, it is understood with time that however, it did match very the process with its true original purpose, i.e. the purpose of the protection of the rights of the individual.
Part of the doctrine is recovering all or part of the first set, also in consideration of the fact that the process is necessarily after the non-cooperation of two subjects.
Furthermore, it is not the only remedy provided by the law, esistendone also other procedural but also substantive. It is the law that shall define on the other hand, the remedies and the needs of protection, and not the process, which must translate to standard techniques appropriate for the purpose. In this sense, it also helps the systematic position of the Italian civil code of in the book concerning 'the judicial protection of rights': that is disciplined, only the nature of the various forms of protection and leaving ways and forms to the code of ritual, this accommodation provides significant points of reflection, but, above all, acknowledges implicitly, that it is not only the process to offer protection to the individual, but also other forms such as, transcription and prescription. However, the civil law, substantive and procedural Italian does not seem to develop instruments aimed specifically to limit the distance between the substantial truth, and the truth of the case, and gives the process the immediate function of ascertaining the truth, nor does it impose obligations on the parties and their lawyers to speak, or pursue the truth, nor, especially, provides effective and incisive the powers and duties to the court to seek and ascertain the truth outside of the pleadings and of the evidence submitted by the parties, nor predisposes to it explicitly or makes it mandatory typical instruments of control of the truth and reliability of witnesses as the controesame of the adverse party and claims based on prior acts of the cause, which are typical instruments of the criminal process.
Also the provisions of the civil procedure exceptionally give the judge the powers of the office in the collection of evidence (e.g.
of the code of civil procedure in the rite of work) are in the judicial practice applied very rarely. Ultimately it can be argued that for the Italian law in the 'this claim was mediated' (where the addition of the application part in the civil process there is the determination of substantial truth. In a civil trial, the protagonists are three: The actor, (the one that starts the process and must expose his reasons for) the defendant (the person who has caused a wrong to the detriment of the plaintiff) and the judge (the one who, after having heard the reasons of the actor and the objections of the defendant pronounces the sentence) The object of the process corresponds to a definition established in the doctrine and in the practice of the case, which has not found a precise reference in the text of the code of civil procedure. According to a general sense may be defined as the object of the process (or object) of the decision) the the content of the questions that the parties (plaintiff, defendant, third parties, participants or third parties called in the process or, in some cases, the same public prosecutor), addressed to the judge, and on which it is required an explicit pronunciation with the judgment likely to go into force (id est suitable to become incontrovertible and have exhausted all means of appeal as are granted by law or that once inspired the terms of the law). The concept assumes, therefore, a precise connotation, different from the related, but more general, of 'material cause' (or object of cognition), which also includes all the factual circumstances of which the judge has to know in the course of the process to arrive at a decision on the questions, without, however, be called to a pronunciation real suitable to the judge (which is, as said, limited to the object of the process). Waiting for the close correlation with the questions proposed by the parties, the object of the process can be analyzed through the cd. the elements that allow the precise identification of which law is to be enforced in court through the filing of the application and the associated limitations of the judicial decision. According to the traditional approach, the elements of identification of the action consist of: In general, it is sufficient to change only one of the elements of identification because a question action may be considered different from the other.
The introductory phase of the civil process is based on the question that is the request with which a subject calls for the judicial protection.
The 'demand' is the fundamental element of the acts which introduce the judgment. An example of the writ of summons is the summons (so it is a written document) addressed to two recipients, for this said doubly ricettizio: Exceptionally, the opening act of the judgment, where it is contained in the question, can take the form of action that is not contemplated by the guidelines of the process of cognition. The form of the appeal is, however, also foreseen in ordinary proceedings for the proposition of the introductory question in the appeal in cassation. Article cpc, to the rd paragraph identifies the three key actors of the process by listing the elements in which it consists of the summons: The process of cognition is the main one, and divided in its turn in the process of cognition of mere verification, condemnation and constitutive. There are also various rites next to the ordinary, impregnated of structural features or characteristics of various different processes: process work, process child, process water, proceedings for an injunction, the company and proceedings concerning personal status (divorce, separation, interdiction.). The civil process is the process through which a court is generally vested with the task of resolve a dispute arising between two or more private persons, or between these and a public body in relation to a relationship private (usually financial transactions, provided that the object of the civil trial may be different situations or status that also have relevance to journalism, just think about the process to obtain the pronunciation of a separation or divorce). As to the forms to its the establishment, the civil process is governed by the pulse of the part (governed by art. c.): is required because the judge is invested with the task of deciding the proposition of a special application, which normally comes from a private person defined as the 'actor' (even if it is not excluded that the same may be promoted by a public body, i.e. the Public ministry, when they are in significant relationships with public character, e.g. in matters of custody and education of a subject that is still minor of age). The request is directed against a person who is referred to as 'the defendant' and, depending on the rite and the type of process, may take the form of the citation (i.e. the invitation addressed directly to the party, which fact shall be notified to appear before the judge), or of the appeal (i.e. a request directly to the judge to pronounce a measure - e.g. which will subsequently be communicated - in the forms of the service, to the other party).
The terms and conditions of the constitution of the defendant vary according to the type of process: it is, however, essential to remember that because a civil process could be defined as such, it is always necessary to the establishment of cross-examination, which you must allow, and ensure that the party against whom it is sought a question the opportunity to defend himself (this is the remainder of a warranty descending from the same constitutional Charter, specifically referred to in art, nd paragraph of the constitution. and in the art, ° comma, cost.) In order to decide about the rights deducted with the application, the judge must know of the facts placed at its foundation: this phase of the process aimed at the acquisition of the tests, defines commonly 'investigation' and varies depending on the rite is applicable.
The act by which, at the end of the investigation, the panel of judges (justices of the peace, Court, Court of appeal, supreme Court) resolved the controversy by deciding on the rights inferred in the case, on the evidence of the judgment and on the applicable legal rules, has usually, but not always, the form of the judgment. With 'telematic process' refers almost exclusively to the PCT, i.e. the process in the electronic CIVIL, but this description is no longer adequate.
The telematic process is extending to other sectors of the justice: the justice of the peace, executions, and criminal proceedings.
However it should be noted that in the context of the PCT is guaranteed access not only to data of the civil courts but also to labor.
For the criminal justice agencies have been allocated funds in the budget. The project execution has been planned and put in operation during, and the results should be visible in. With regard to the justice of the peace at the beginning of with the presentation of the results of the project ASTREA, the ministry of justice that had partnership project fully financing it has obtained on the Bologna telematic management of the justice of the Peace, who went from there extended to the other courts: with a surprise move instead of the ministry of justice has DELETED the project that was working perfectly, and decided to start from scratch, and despite having promised results during the, in January, it is currently not clear if and when the access via the web to data of the justice of the peace will be available. The civil process is changing toward the process the electronic civil.
In this change, are given new technological means for communication in the process between a lawyer and judge, including the judge and the lawyer, and for management of the activities of the court 'computerized'.
The acronym of the automated version of the civil process is the PCT (processo civile telematico") and is the result of a promise of Italy to the european union: since the times of justice are infinite, the Italian government has promised a computerisation aimed at speeding up processes.
