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Prohibition of nova on appeal, does it also apply to divorce?

  • 14/12/2020

The Civil Cassation, section I, by order of 30 November 2020, n. 27234 affirmed an important principle of law: “in the divorce proceedings on appeal, which takes place, pursuant to Law no. 898 of 1970, article 4, paragraph 15, according to the chamber rite, in itself characterized by the summary knowledge and the simplicity of the forms, the full applicability of the rules governing the ordinary process must be excluded and the acquisition of new evidence, especially documents, on condition that a full and complete contradiction between the parties is ensured ".

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