Procedural “inconsistencies” revealed by case law. Is procedural law allowed to be counterintuitive?

Abstract

This study seeks to highlight some of legislative inconsistencies in civil procedural matters identified in judicial practice, either in the Code of Civil Procedure or between this regulation and the provisions contained in special laws, inconsistencies which, in our opinion, are create non unitary jurisprudence, representing, at the same time, a source of legal insecurity. Without claiming that we have dealt with the subject exhaustively, we consider that an analysis of the lack of legislative coherence is necessary both to identify possible current practical solutions and to reflect on possible legislative improvements.