La revocazione del giudicato civile per contrarietà alla CEDU e brevi note in tema di tutela dello status di filiazione

This article deals with the new case of extraordinary revision due to the
contrast with the ECHR as introduced by the recent reform of civil procedure (of Article 391 quater of the Code of Civil Procedure). The article analyses both the reasons for the reform and the application prerequisites for the
extraordinary revision. In particular, it is highlighted that the most critical
issues are those arising from the interpretation of art. 391 quater in relation
to the identification of the prerequisite of the violation of a “state right of the
person”. In the final analysis, a part from the difficulty in interpreting the
expression ‘rights of status of the person’ contained in the rule, the scope of
application of the provision at issue seems to be confined to the resolution of
disputes concerning filiation, as epitomised also by the subject matter of the
Supreme Court’s judgment dealing for the first time with the new hypothesis
of extraordinary revocation.