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CIVIL COMMERCIAL CLAIMS IN ITALY

Litigation in Italy


Civil & Commercial claims in Italy


For starting a debt collection litigation in Italy will apply the following rules.


The Civil Procedure Code (Codice di Procedura Civile) is the collection of procedural rules of commercial and civil claims and actions.


The writ of summons is the first step for the starting of a commercial or civil claim. 


The defendant and the plaintiff have to give the power of attorney to a lawyer who will represent them before the courts.


Anyway, in any prescribed situations the parties can act personally, e.g. before:

  • the Giudice di Pace (which is competent for small disputes)
  • the Giudice del Lavoro (which is competent for job's disputes)
  • separation of spouses.

All sentences and decisions on civil and commercial items issued by Italian courts are based on law or on equity (when the parties jointly agree to dispose of any rights).


Specific procedures have been introduced since January 1st 2004 for litigation on: corporate law, banking law, capital markets, public works finance.



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