La querela civile di falso – II. Profili teorici e attuativi

La querela civile di falso - II. Profili teorici e attuativi
Author  Pasqualina Farina
Editor: RomaTrE-Press
Publication date: march 2018
Pages: 316
ISBN: 978-88-94885-92-7
n° downloads ad oggi: 4

Abstract

In the previous volume the historical events of the false document have been retraced. Now briefly address the questions of the nature, the object and the regime of the sentence of false, here we examine the specific regime of private writing, from the evidential effectiveness to the judgment of verification. The investigation is appropriate not only and not so much to clarify the different scope of operation of the lawsuit of fraud and the assessment of verification, but rather to better define the specific functions and relationships between the two institutions. After this investigation, the research aims to identify the correct definition of a public act and, consequently, of the objective limits of the false appeal. The primary objective is to establish whether even the mere private writings (ie those that are not recognized, authenticated or verified) can be legitimately challenged by the civil action of forgery referred to in Articles. 221 ss. Code of Civil Procedure
Once the examination of these preliminary issues has been completed, the investigation focuses on the civil action of forgery, on the particularities of the procedure (from the formalities of the introductory phase up to the effects of the sentence), on the relation of the exception with the special procedures and, finally, on the impossibility for the special judges to deal with the preliminary questions of falsehood. The final part of the research is therefore dedicated to the examination of the probative effectiveness and of the contesting regime of some documents which, although they fall within the private writings – and are therefore subject to the regime of disregard and the subsequent verification judgment – are often qualified as private documents “strengthened” and therefore treated differently, not without inconveniences.

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