A Comparative Analysis Between Italian Civil Proceedings and American Civil Proceedings Before Federal Courts

Abstract

Comparative analysis of civil proceedings requires an in-depth study of the structure and most distinguishing elements of each country involved. It has the goal of identifying the rationales and features that make each country unique. It is commonly misconceived that common law systems rely solely on the authority of precedent and civil law systems rely only on the authority of statutes and codes. This article demonstrates that the Italian and the U.S. legal systems are not purely inquisitorial nor purely adversarial, but that they share similarities and can learn from each other.