Abuse of process

Abstract

In this essay the author deals with the topic of the abuse of process, showing his doubts and perplexities about the possibility of the existence of atypical hypothesis of abuse of process, as it is occurring in Italian legal doctrine and judicial decisions nowadays. In that sense, the author warns that under the moralizer slogan of “abuse of process” it is hiding an “adrift authoritarian” that, with the excuse of favoring the “values of the system”, actually limits the liberty of action of the parties.