Legal review and fact-finding in the Supreme Court judgment after recent reforms

Abstract

The essay is a reworking of the speech given at the Conference on "Onere della prova e accertamento del fatto nel nuovo processo civile" organised at the Università Cattolica del S. Cuore - Milan 20 April 2023. The A. gives a preliminary exposition on the novelties introduced by the 2022 Cartabia Reform on civil justice relating to the Court of Cassation judgment. The A. focuses on the limits of only indirect censorship of the second instance judgement on the merit and addresses the principle of self-sufficiency and of clarity and conciseness of appeals in cassation, which are both functional to protect the nature of mere legality of the Supreme Court's review of the judgments on the merit.

Keywords

• civil procedural law
• the 2022 cartabia reform
• italian supreme court
• judgement of mere legality
• prohibition of review of the facts