Frivolous suits: third paragraph of article 96 c.p.c. — when does bad faith subsist?
This paper concentrates on the criterion on the basis of which the conduct sanctionable in the terms of article 96, third paragraph c.p.c., is added to. In particular, a criterion is offered of ‘posthumous prognosis’ for evaluating bad faith of negligence felt to be necessary. Finally, a review of the relationship between the provisions set forth under articles 88, 91 and 96 c.p.c is set out.
The third paragraph of art. 96 c.p.c. foresees that: ”in any event, when pronouncement is made in the terms of art. 91 in respect of costs, the judge, even as a matter of course, may also sentence the losing party to payment for the benefit of the adversary party of an equitably determined sum”. If it is felt — as I have sought elsewhere to demonstrate — that the sole choice possible is sanctioning only conduct featuring bad faith or negligence, it is also necessary to understand more fully what can be stated concerning bad faith or negligee being spoken of. Well, I am persuaded that a judgement in respect of the frivolous nature of trial behaviour of the party is properly expressed if a criterion is adopted that may be called “posthumous prognosis”…
If you are registered and logged in to the site, click on the link below to read the rest of the NCTM briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from NCTM
News from The Lawyer
Briefings from NCTM
The Tribunal of Milan allowed a concordato preventivo proposal to be amended, providing that additional resources for the creditors could be made available through a lien on real estate property belonging to a shareholder of the company.
The Court of Turin laid down an interesting ruling on the protection of the variety of forms of expression and creative contributions that may be related to the creation of commercial ads.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms