Il rito semplificato di cognizione a valle del c.d. correttivo della Riforma Cartabia (D.Lgs 31 ottobre 2024, n. 164)

The essay analyses the innovations introduced by the Legislative Decree n. 164 of 31 October 2024 (so-called Corrective of the Cartabia Reform of 2022) to the Italian c.p.c. relating to the simplified procedure governed by the articles 281-decies ss. c.p.c. The reform partially resolved the interpretative issues aroused out in relation to the original text. The relationship with the ordinary procedure is clarified from the point of view of the choice of the claimant and the compatibility with the proceeding before the Giudice di Pace. With reference to the preclusion regime, it has been specified at least in the beginning phase, while uncertainties still remain regarding to the preclusions within the first hearing: the granting of the two supplementary defenses at the request of the parties is now subordinated to the judge’s verification that this requirement arises from the defenses of the other party and no longer from the existence of a generic “justified reason”, as provided for in the original text. The new rule is not easy to apply, even where it does not consider the possible ex officio objections.