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INIZIO_TESTO_DA_INDICIZZARE

UNITA' DI RICERCA

italiano - english

Research program

European Criteria for the drafting of Codes of Civil Procedure (towards a unified European Code of Civil Procedure)
University Co-ordinator
Università degli Studi di PARMA - SCIENZE GIURIDICHE - ()
Research Unit Leader
Augusto Chizzini
Description
The search means to analyze the possible patterns of examination of the case and evidence in the light of historical experience that must guide the predisposition of a new code of civil procedure: and that just in the State that, between those modern ones, has very known two codings, inspired to not opposite divergent principles when, in the short one to turn less than a century. The study will not stop itself to the analysis of the French experience, but also on the others two "great" procedural codes coming from important countries: Germany and Austria; that in the conviction of being able to characterize in each of these three experiences useful elements for a future debate in the forecast of a renewed Italian code of civil procedure for the new millenium, which began, to the contrary, (being the connection that is intentional to establish between the D.Lgs. n. 5/2003, bringing the discipline of the social process and the spread Bill delegation for a new one c.p.c. from cd. the Vaccarella Commission) with the ossimoro of a de-codification event: exactly the new discipline of the social process. On the practical side, there will be the predisposition of articles or collections of written and the organization of a study encounter in order to discuss - also in the light of the more and more frequent participations of the European legislator in the procedural matter - about the necessity of one renewed age of the coding. Obviously also the Unit of search of Parma will contribute to the collection of the material destined to meet in the "Code of the communitarian norms in matter of civil process" the search aimed to deepen the perspectives of a uniform discipline to European level of the examination of the probative instruction and the search of the unit of Parma will condier also the very important thematicregarding the possibility of a harmonization with respect to on the practical plan.