THE IRDR AND THE REQUIREMENT FOR EFFECTIVE REPETITION OF CLAIMS (OR PENDING CAUSES) THAT DEPEND ON THE SOLUTION OF THE COMMON QUESTION OF RIGHT TO BE UNIFORMIZED

Abstract

This paper deals with the discussion about one of the admissibility requirements of the Incident of Resolution of Repetitive Claims, the effective repetition of claims that depend on the solution of the common question of right to be uniformized and that is the object of the standard procedure. To this end, the author structures the paper in two parts. The first part, related to the legislative process, seeks to raise the debate and the final will of the legislator. The second part deals with the interpretation of the relevant legal norms, also comparing them with the system, the purpose, the legal nature and the logic of the new institute.

Keywords

• incident of resolution of repetitive claims
• legislative process
• requirements
• pending claims