La garanzia nel processo

The article explores the general discipline and specific cases of guarantees within the legal framework. The first part outlines the reconstructive premise, delves into the meaning of guarantee from both procedural and substantive perspectives, and discusses the author’s approach emphasizing the relationship within the prejudice-dependency schema. Implications on procedural issues, such as the joinder, the effects of res judicata, as well as the impact on the appeals system, are also explored. The second part focuses on specific guarantee cases, including eviction due to the alienation of rights, co-obligation with unisubjective interest through guarantee agreement, insurance and other forms of guarantees for acts concerning both the guaranteed party and the guarantor.