The civil action with special reference to the element of interest

Abstract

It is well known that out of a discussion of the nature of the right and its purpose in Society emerges clearly the necessity for the existence of the action, which normally protects it. I have, therefore decided to divide the thesis into two parts; the first dealing with Subjective Right, as constituting the fundamental notion on which a definition of the action must be based; the second dealing with the Action itself and with Interest as its distinguishing characteristic. The two parts are closely related as can be seen from the single fact that interest is not only the distinguishing factor of the right of action, but is also a sine qua non condition for the existence of the subjective right. This relation will emerge even clearer if one considers the similar arguments, based on the same principles around which each part is built, as the frequent cross-references will undoubtedly show.