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Significant gap between decisium and petitum

  • 13/12/2021

The Court of Cassation, with the interlocutory order n. 28048 on 14th October, 2021 asked to find out the correct interpretation of Article 92 c.p.c. This rule provides that, in the event that there is a large difference between the application and the content of the decision, the partially victorious actor may be sentenced to reimburse the costs of the dispute in favor of the counterparty.  

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