The institution of the incidental appeal of the code of civil procedure

Abstract

The article number 96 of the code of civil procedure governs the incidental objections, accepting them to the judicial review, the new trial, the examination pro interesse suo, and, in certain events, the petition to the Highest Court. The appeal has to be proposed by the service of the process adjudication and cross-examination receivers under the vest of an incidental form, otherwise it will run the risk of lapse. The relationship of conditioning-dependence between the main and the incidental appeals can be considered either in the case of a proper than of an untimely incidental appeal. The need to strictly apply the principle of the appeals concentration has oriented the legislator to decree the receivability of the incidental appeal also in case of autonomous judgement charges.