Phd in PRIVATE AUTONOMY BUSINESS, WORK AND
PROTECTION OF RIGHTS IN EUROPEAN AND INTERNATIONAL PERSPECTIVE

Thesis title: La continenza di cause. Studi e prospettive sulle tecniche di realizzazione del simultaneus processus

The present work analyses the evolution of the institution of «continenza di cause» in civil procedural law, from its introduction in the 1940 code to the most recent reforms. The research begins with the transition from the 1865 Code of Civil Procedure to that of 1940, which marks the moment when «continenza» acquired regulatory and conceptual autonomy for the first time, distinguishing itself from lis pendens and joinder of actions. Initially conceived as a mitigated form of lis pendens, the «continenza» has been progressively reinterpreted by case law as a tool for procedural economy, suitable for ensuring the concentration of judgments and the consistency of decisions even beyond the boundaries of the classical model, consisting of the quantitative difference between the claims of two cases pending before two different judges. The investigation aims to reconstruct the evolutionary lines of the institution, arriving at the most recent developments and contaminations with prejudiciality, in light of the difficulties of application and the various limitations imposed by Article 40, paragraph 2 of the Italian Code of Civil Procedure. Particular attention is paid to the ruling of the Joint Divisions of 15 May 2015, no. 9935, which developed the concept of «continenza per specularità» in connection with the relationship between composition with creditors and bankruptcy, and to the subsequent interpretative repercussions produced by the Code of Business Crisis and Insolvency. Finally, the aim was to investigate whether the institution could also find a place in transnational law, in order to verify the presence of a conceptual or operational equivalent among the instruments for coordinating decisions in the European and international arena. The study thus aims to offer a systematic reconstruction of a constantly evolving concept, in which theoretical elaboration and practical experience continue to intertwine with the common goal of ensuring an effective instrument for the implementation of simultaneus processus.