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.