In dubio pro libertate. Note sul pensiero giuridico di Edoardo Garbagnati
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The Author investigates the deepest meaning of Edoardo Garbagnati’s scientific research and, through the analysis of his most important works, he identifies their essential worth with the assertion of a rule: in dubio pro libertate. The necessity of guaranteeing a real protection of the citizens’ rights of freedom is reflected throughout the civil process in the constant and consistent quest of a formal rigour which the procedure requires in order to avoid any arbitrary action or abuse of power by the judge towards one of the parties or by one party towards the other. Compliance with the procedural rules becomes the current means through which equality between the parties in the proceedings and a fair judgement are assured and it is achieved through the legal action seen as the power of asking the judge the granting of an order. In this framework and considering the very authoritarian legal system of the time in which Garbagnati shaped himself, the rule that any limitation to the parties’ right of action must be confined by law is stated with great strength.
Key words: Processo civile, azione, contraddittorio, forme processuali.
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