Chapter 10: Italy
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The Chapter gives an account of the way in which the public policy exception is conceived of in Italy and applied by Italian courts. First, the general features of the public policy defence are examined. The Chapter illustrates the kind of reasoning based on which Italian courts would typically characterise a given policy as fundamental, and the way in which they normally assess whether the foreign law or foreign judgment concerned should be considered to offend such a policy. The Chapter goes on by examining three paradigmatic cases, concerning respectively compensation for the suffering related to the death of a relative, the recognition of foreign judgments awarding punitive damages, and gestational surrogacy.

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