This work is now in its second edition due to the numerous legislative interventions in the reform of the civil process and other legal areas covered in the text, which have occurred from 2005 to the present.
Numerous pronouncements of the jurisprudence of legitimacy and merit, as well as of the Constitutional Court, have gradually clarified and confirmed the scope and effects of legislative changes on interlocutory and emergency proceedings.
The first two chapters (La tutela d'urgenza and Iter proceduale) have been reformed in deference to the very recent reform of the c.p.c. that took place with l.June 18, 2009, no.69.
The fourteen sections of the third chapter have been updated and reformed not only with the new provisions of the civil trial and telematic process, but also with the following new legislation:
-the first section has been revised in light of the repeal of the corporate process introduced by d.lgs.5/2002;
-the second section on industrial law has been supplemented with the provisions of the new Industrial Property Code, Legislative Decree No.30 of February 10, 2005, and commentary case law;
-the third section on copyright has been amended by virtue of Legislative Decree No.118/2006, implementing Directive 2001/84/EC on the resale right of the author of a work of art in respect of subsequent sales of the original, and Legislative Decree No.140/2006, implementing Directive 2004/48/EC on the enforcement of intellectual property rights, decrees by which the legislature has provided an organiza and tendentially exhaustive discipline with regard to forms of protection on copyright;
-the eighth section on banking was revised in the light of the new Code of ethics and good conduct for information systems managed by private entities on consumer credit, reliability and punctuality of payments (which came into force as of Jan. 1, 2005) and the Decree of the Interministerial Committee for Credit and Savings of Sept. 22, 2008, which provided for the elimination of the centralized archive for the detection of risks of small amounts;
--the tenth section on the right to health was supplemented with the provisions of Leg. 219/2006 implementing certain EU directives on a Community code concerning medicinal products for human use confirming the above, whereby the AIFA (Italian Medicines Agency- a public law body operating on the basis of the guidelines and supervision of the Ministry of Health) was given the power to prohibit the sale and use of the medicinal product and to order its withdrawal from the market, even limited to individual batches, if, among other things, the medicinal product has quality defects that are potentially dangerous to public health.
The last chapter, characterized by the changes already made by Law 80/2005, has been enriched with case law of merit and legitimacy from 2005 until 2009.
From the above, it is clear that they were inescapable not only an update of the volume on the basis of the jurisprudential evolution but, also, an expansion of the same, having, also, become necessary to add an entire chapter dedicated to the new summary procedure of cognition - introduced by l.69/2009 - and other comparative aspects between the new rite and the precautionary and emergency proceedings ex art.700 c.p.c.
- Author: Nunzio Santi Di Paola
- Year of publication: 2009
- Publishing house: Maggioli Publisher
- Pages: 848
- Editions: 2