Cristiana Ciancio, Abolire o riformare? Procedura e giurisdizione commerciale nell’Italia postunitaria
This
paper aims to analyze the Italian debate on commercial jurisdiction and the
legislative occasions which brought in 1888 to the abolition of commercial
courts. The main focus is on the motivations emerged in main social circles to
reform current procedures of commercial litigation. The debate suggests that
quickness and simplicity of procedure were necessary for settlement of
commercial litigations, and this kind of procedure was guaranteed without
differences in all national districts. The question of the court’s composition
(partly or entirely merchants) was very subordinate. Similarly reformers
frequently asked for quickness and simplicity also in civil litigation. Consequently
the repeal act of commercial courts of 1888, that transfers commercial
litigation to civil courts is a failed occasion. Government and parliament
missed to offer a coherent solution to commercial justice problems. The lack of
a systematical approach to the administration of justice jeopardized the
national identity in an important field of social relations. The analysis of
parliamentary debates, proceedings of conferences held by chambers of commerce,
pamphlets, and legal and economical works show how the commercial and civil
debate interlocked. The 1901 reform law devised by Lodovico Mortara can be seen
as the outcome of many controversies on commercial jurisdiction. |