Russian Law Journal by Francesca Ferrari
Russian Law Journal. Vol.II (2014) Issue3, Aug 11, 2014
Papers by Francesca Ferrari
SSRN Electronic Journal, 2014
Head of the Interdisciplinary Association of Comparative and Private International Law the Russia... more Head of the Interdisciplinary Association of Comparative and Private International Law the Russian Law Journal was founded in 2013 and is the first academic legal journal published in English in russia. the Journal is not limited to contributions on recent developments in russian law, but extends to other legal systems. It is addressed to scholars from all over the world in order to provide for a platform of discussion of academic legal scholarship between russia and other countries. this approach is to be welcomed and deserves attention. Intellectual exchange between legal scholars is the first step to mutual understanding and to the creation of academic networks. Comparative law scholars working outside russia are keen to learn more about the legal developments in russia and scholars in russia are interested in being informed on current trends in other jurisdictions. the goal of the Russian Law Journal is very ambitious indeed. first of all, the Journal is addressed to scholars (primarily 'law in the books'); secondly, the future will show whether and how academic exchange might influence mutual cooperation , and thus possibly also influence practice ('law in action'). Although such need is widely recognized, global experience demonstrates that scholarly work depends on support by various sources enabling the preparation and publication of each volume. Last but not least, all branches of law are included in this endeavor. this requires an input from experts in the various fields of law and, in addition, a well-balanced publication policy. the tasks and burdens of editors are a continuous challenge and constitute a considerable part of their daily work also for the years to follow. I wish the Russian Law Journal an enduring success, nurtured by first rate contributions that contribute to an academic dialogue between legal scholars from all over the world.
Russian Law Journal, 2015
This paper focuses on the last indirect coercive measure introduced by the Italian and Russian le... more This paper focuses on the last indirect coercive measure introduced by the Italian and Russian legislation. After a general overview of the coercive measures already known to Italian law, also from an historical perspective, this paper identifies -through a parallelism commonly followed between the astreinte under Art. 114(4)(e) of the Italian Administrative Procedure Code and those under Art. 614-bis of the Italian Civil Procedure Code -the main traits of the new rule as to conditions, calculation of the amount due and beneficiary of the payment. The author's intention is to investigate the rationale of Art. 114, dealing with the issue of its applicability to obligations having a monetary content, so as to assess the actual possibility to make a complete parallelism between the two types of astreinte at issue: those for administrative proceedings and those for civil proceedings. In contrast to the Italian experience, astreinte in Russian civil and administrative judicial proceedings is not directly regulated by procedural legislation. Astreinte unexpectedly appeared in the case law of commercial courts in 2013 and was / became widely discussed by scholars. From June 1, 2015, the institute quite similar to the astreinte was introduced by the Civil Code of the Russian Federation.
Russian Law Journal, 2015
This article focuses on recent reforms of the Italian Civil Procedure Code through which a new se... more This article focuses on recent reforms of the Italian Civil Procedure Code through which a new section 185-bis had been added, providing that the Judge, at the first hearing or until the termination of the evidence-taking phase of the proceedings, may suggest to the parties a settlement or conciliation proposal, when appropriate to the nature and the value of the dispute and the issues of prompt solution at law. The author’s intent is, on the one hand, to identify the rationale of the new rule and, on the other hand, to emphasize that unfortunately the new rule does not reverse misfortunes of Italian civil justice, but rather gives rise to many difficulties of interpretation.With this purpose, this article first investigates the distinctive traits of the various attempts at conciliation contained in the Code of Civil Procedure, taking into consideration not only the current version of the rules but also the provisions which have followed one another over time. It follows a detailed ...
Giurisprudenza Italiana, 2013
Rivista Di Diritto Processuale, 2010
Rivista Di Diritto Processuale, 2011
Rivista Di Diritto Processuale, 2013
Rivista Trimestrale Di Diritto E Procedura Civile, 2013
Rivista Di Diritto Processuale, 2006
Rivista Di Diritto Processuale, 2011
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Russian Law Journal by Francesca Ferrari
Papers by Francesca Ferrari