Azione ed interesse. Rinnovate suggestioni di un’antica disputa
|
digital
Articolo
€ 6,00
|
Articolo |
Ebook in formato Pdf leggibile su questi device:
|
|
|
|
|
This essay moves from an up-to-date review of Edoardo Garbagnati’s 1955 study (“Azione e interesse”), where he strongly criticized the opinion stated and supported by Salvatore Satta some years before, about the civil action and the procedural interest to the judicial remedy. According to Satta’s theoretical approach, there couldn’t be any structural difference between the substantial right (or interest) and the judicial action, to be legally brought before the courts of justice for its protection, because the action would simply be the same substantial right or interest (so to say) “in action”, while reacting by itself against its own violation. Garbagnati, on the contrary, positively defended and maintained the scientific opinion – still widely accepted, today – according to which the substantial rights (or interests) and the judicial action are structurally autonomous and separate. Therefore – although the difference between substance and procedure, especially at a constitutional level, is often relative – the civil action before the judiciary is the autonomous right (and the corresponding power), by which the violated substantial right (or interest) may be effectively asserted and enforced, on condition that the plaintiff has an actual and real interest to claim (and eventually to obtain) the requested judicial remedy.
Key words: substantial rights or interests, procedural interest to claim (and to obtain) their judicial protection, through adequate remedies, access to justice and constitutional guarantees, right to invoke the courts’ jurisdiction, power to bring an action before the courts of justice, right of action, civil action. |
Consulta l'archivio
Articoli Open Access
Ultimi 3 numeri
Annate disponibili online
2025202420232022202120202019201820172016201520142013201220112010200920082007200620052004200320022001200019991998199719961995199419931992199119901989198819871986198519841983198219811980197919781977197619751974196919681967196619651964196319621961196019591958195719561955195419531952195119501943194219411940
