It cannot be denied that the evolution within the international community as well as within the EC, during the last thirty five years, witnessed a general attitude of openness and trust towards foreign jurisdictions, to the point that reasonably one could talk about a “globalization of civil trial”, that is a tendency to narrow the margins of control over jurisdictional activities completed abroad. A curb to these globalizing trends is represented, at the communitarian level, by a set of rulings which cast a new role on the notion of public order, transforming it in the very foundation or regularity control. The antithetical trends just mentioned describe the paradox of international civil procedure. This volume analyse those areas in which the paradox is more patent, and namely: the first chapter tackle the issue of motivation as the main tool in order to verify consistency of foreign jurisdictional activity with the principles of the internal forum; the second chapter revolves around the theme of evidences and, on a more general basis, the guarantee of public debate; the third chapter gathers some reflections about the evolution of Italian system, particularly featuring the contents of the foreign ruling.
Il controllo della sentenza straniera. Lo spazio giudiziario europeo fra esigenze di collaborazione internazionale e tutela dei valori fondamentali del foro
MARESCA, Maurizio
2004-01-01
Abstract
It cannot be denied that the evolution within the international community as well as within the EC, during the last thirty five years, witnessed a general attitude of openness and trust towards foreign jurisdictions, to the point that reasonably one could talk about a “globalization of civil trial”, that is a tendency to narrow the margins of control over jurisdictional activities completed abroad. A curb to these globalizing trends is represented, at the communitarian level, by a set of rulings which cast a new role on the notion of public order, transforming it in the very foundation or regularity control. The antithetical trends just mentioned describe the paradox of international civil procedure. This volume analyse those areas in which the paradox is more patent, and namely: the first chapter tackle the issue of motivation as the main tool in order to verify consistency of foreign jurisdictional activity with the principles of the internal forum; the second chapter revolves around the theme of evidences and, on a more general basis, the guarantee of public debate; the third chapter gathers some reflections about the evolution of Italian system, particularly featuring the contents of the foreign ruling.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
