The frivolous suit: third paragraph of article 96 c.p.c. — when does it apply?
This paper offers a systematic interpretation of article 96, third paragraph c.p.c. concentrating on the grounds wherein the judge may make award: what subjective element is required? The conclusion is that bad faith or negligence is necessary. Later, the punitive — not indemnity — nature of the award made in the terms of article 96, third paragraph c.p.c. is highlighted.
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”.
Immediately, from a first reading, the provision appears somewhat enigmatic: and this both in respect of what (little) it says, and what (much more) on which it is silent.
Indeed, the addition (in the terms of art 45 of the law dated 18 June 2009, no. 69 by which the ritual code was replaced anew) of the new paragraph requires an effort of interpretation that, if applied solely to its lean wording, would without a doubt lead to no useful result…
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
Geographical Indications have caused EU/US conflict for years but can agreement be found in the Transatlantic Trade and Investment Partnership? This paper suggests the solution must be rooted in IP law.
If documents contain sensitive data access is allowed only if strictly necessary, and in some cases to disclose information on health status or sex life.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms