LE NOTIFICAZIONI CIVILI NELLA RIFORMA CARTABIA

In civil proceedings service by certified electronic mail is developing to such a point that, in a very large number of cases, it has become mandatory for lawyers when the recipient is obliged to have a digital domicile (e.g. companies, or persons registered in professional registers) or when, even without being obliged to do so, a person (including a natural person) has elected his or her own digital domicile registered in a special public directory. The article provides a critical evaluation and interpretive analysis of the new rules introduced by the so-called Cartabia reform on a topic of such particular interest to highlight its strengths, weaknesses, contradictions, inconsistencies and/or other important issues. The author comes to the conclusion that the objective of exclusively electronic notifications can only be achieved when a general obligation of digital domiciliation for all citizens is established, which is still missing. To achieve this result, however, it would be necessary to adopt suitable solutions to sanction overloading of the certified mailbox.