Wednesday, October 6, 2010

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opposition to injunctions-News jurisprudential

E'opportuno a recent preliminary report, intended to fuel a major debate among his colleagues used the judicial practice so far in use.

The recent ruling by the Supreme Court of Cassation (civil, September 9, 2010, No. 19246) states that, in connection with opposition to injunctions, all terms are a priori dimidiati.



Strict compliance with this interpretation, therefore, makes it necessary for the opposing party will stand in court (and sign up for the role cause) within 5 days of the citation.



First will need to pay attention to this requirement, the other will be a dramatic problem for the pending cases.

I leave room for colleagues to debate.

Massimiliano Scaringella

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