La diversa oralità dei processi civili nell’emergenza sanitaria. Brevi raffronti comparati

Abstract

This article tries to analyse, in a comparative perspective, the main measures adopted to face the health emergency in the context of civil trials. In particular, this analysis intends to stress the widespread adoption of digitalization measures, aimed not only at allowing the electronic filing of procedural documents as much as possible, but also at facilitating the conduct of remote hearings. Beyond the interpretative doubts raised by the emergency regulations, it is interesting to ask whether these provisional measures can be applied even after the emergency ends and if they will influence the fundamental principles of civil procedure, such as, for example, the principle of orality.