La giurisprudenza «distruttiva»: nuovi parametri giurisprudenziali per la lettura dell’art. 633 del c.p.c. e loro recepimento legislativo
| JUS - 2004 - 1
This considerations are about the role of the Italian and communitary Case Law in a
new interpretation of the art. 633 Italian Procedural Code (notification of the Payment Order
to debtor resident foreign Italy). The critical path analysis of the Case Law, that it's not omogeneous and, often, contraddictory, permit to see the conditioning role that the Courts can have
against the law-Giver. Here, on put in evidence the relation beetween the national and communitary Case Law of Courts, and that there are more differences beetween the Italian legal sistem
and communitary legal sistem.