La decadenza nella procedura di mediazione dopo la Riforma Cartabia Riflessioni a margine della sentenza del Tribunale di Napoli, sez.
The forfeiture in mediation proceedings after the Cartabia Reform Reflections in the margin of the judgment of the Court of Naples, sec. IV, no. 8555, dated 20.9.2023 and subsequent case law guidelines

Summary/Abstract: This article addresses the issue of deadline expiration within mediation procedures, analyzed in the context of the Cartabia Reform. Using judgment no. 8555/2023 from the Naples Court as a reference point and juxtaposing it with subsequent jurisprudential developments, the study examines the revised text of Art. 8 of Legislative Decree 28/2010 and its implications for challenging condominium resolutions. Particular attention is given to the key interpretative challenges regarding the dies a quo and the legal effects of mediation on deadline expiration. By contrasting the regulatory frameworks before and after the reform, the discussion explores potential legal interpretations, including the suspension or interruption of deadlines, adopting a critical perspective to assess the systematic coherence of the legislative measures. The article concludes by underscoring the necessity for legislative clarification to ensure the uniform and effective application of these provisions, aligning with the deflationary and conciliatory aims advanced by the Cartabia Reform.

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