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 proce￾dure (of Article 391 quater of the Code of Civil Procedure). The article anal￾yses 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.