preclusioni e decadenze

Jelsah

Senior Member
British English
Hello anyone who reads me,
I can't find "preclusione" on WR and I have a sentence in a citazione which reads "l'invito di constituirsi in giudizio almeno 20 gg prima dell'udienza nei modi e nei termini avvertendo che in difetto incorrerà nelle preclusioni e decadenze di cui agli artt...."
The best solution I can find is "estoppel" - which means the prevention of injustice because of inconsistency in which case the sentence might read in translation:

"who is invited to present a defence statement at least 20 days before the hearing according to the procedures and time limits laid down with the caution that failure to do so will result in estoppel and loss of the right to appeal according to articles......"

I was hoping someone might be able to confirm that "estoppel" and "preclusione" meet in terms of meaning....

Thanks
Jelsah :)
 
  • Jelsah

    Senior Member
    British English
    Hi there Benzene,
    Good to hear from you! Yes, that would sound good in sentence too and it is closer to the Italian, maybe. Estoppel is a strange word and I am not sure it is the right one either.
    The sentence then might be "(.......) failure to do so will result in restrictions and the loss of right to appeal ...."

    Thanks Benzene
    Jelsah :)
     

    Benzene

    Banned
    Italian from Italy
    I found online: "estoppel principle" = "principio di inopponibilità".

    The term inopponibilità has not the same meaning of restrizione, as you know.

    Bye,

    Benzene
     
    Last edited:

    Jelsah

    Senior Member
    British English
    Yes, well, we might have opened a can of worms here, Benzene. I will read up on this and let you know!
    Have a good evening
    Jelsah:)
     

    Jelsah

    Senior Member
    British English
    Hi there Longplay,
    How goes it? Thank for the clue. Well, I saw on Wiki that the "preclusione" page (i.e. la perdita o preclusione di un diritto di compiere un atto processuale dovuto con all'incompatibilità dell'attività o perché il diritto già si è esercitato....."
    This Italian page takes automatically to the English page "collateral estoppel" which apparently is also known as "issue preclusion" in English. Although the page specifies that "estoppel" is a common law concept (and we know how difficult it is to link the Italian system to the British one :)eek:))........but it does say that estoppel prevents a person from religating an issue - which would seem to my ear to mirror at least some part of the Italian definition.

    Anyhow, my personal jury is still out on this issue, but I think we have thanks to Longplay and Benzene's contributions as well, got a bit closer to the IT-GB link!
    Thanks guys and have a great Sunday

    Jelsah:)
     
    Top