La patologia della prova nel processo civile

The present research aims at exploring issues related to evidentiary flaws in the framework of Italian civil procedure. The first section focuses on void evidentiary means, i.e. deviations from the legal scheme that turns into breaches of provisions related to the phases of submission, admission and assumption of evidence in civil proceedings. In so doing, this work takes steps from an analysis of the compatibility of the principles governing the invalidity of procedural documents with the peculiar category of evidentiary acts. Based on the results reached in this first part, a further functional and structural study will be undertaken of those reasons capable of adversely affecting the validity of evidentiary acts and causing the invalidity of the admission and assumption proceedings. The second part of the research is devoted to the issue of illicit evidence, term of art used in order to designate evidence obtained or else come to existence pursuant to an unlawful extra-judicial practice. After referring the main legal theories concerning the possibility to use such illicit evidence, the topic is further analysed in light of the jurisprudence as well as confronted with provisions detected in other subsections of the Italian legal system which may prove useful interpretative tools.