Le domande conseguenti alla cassazione della sentenza ex art. 389 c.p.c.

Abstract

This study examines the discipline of the claims arising from the cassation of the sentence. After a short systematic framing of the institution, we analyse the preliminary procedure of the "restitutory" claims and the related questions of authority. The attention, then, also in the light of the constitutional principle of the reasonable duration of the case, is focused on the Supreme Court’s power to decide on these claims directly, by making use of the institution of the cassation deciding on the merits