In the Italian legal doctrine, the purpose of defense is to protect or restore, a right or a factual situation resulting from a lawsuit of an inhibiting type specifically directed against such defense or restoration; especially in the sphere of private law. General modifier wikitesto principles
In relation to civil relations according to the Italian law, there are several cases in which an inadmissible legal action is admissible (Articles 7, 8, 9, 10, 844, 949, 1079, 1170, 1469, 2599, 2813 Articles 96, 97 and 156 of Law No 633 of 6 April 1941 on Copyright, Articles 13 and 14 of the so-called Law on Trademarks), in which the court order the counterpart not to repeat the conduct considered by the unlawful judge. Counterpart because, according to a fundamental principle of our order, judicial actions in the field of civil affairs must always be advanced by the so-called injured party, as it is generally not allowed to have an office procedure.
Inhibitory protection is by definition intended to prevent the adverse effects or subsequent repetition of illicit behavior, that is to say, not allowed by law. As a general rule, action to seek protection is subject to actual damage, which must be demonstrated by the plaintiff, that is to say, whether an offense is contrary to a rule or that it is likely to harm a substantive situation. In this case, the inhibitory action has two functions, first to stop the wrong behavior, to restore the violated right or to replenish the existing situation before the offense, the second, the actual inhibition, from which the definition of t . i., to impose on a person who committed a lawsuit a subsequent obligation is to refrain from the same behavior from the same behavior.
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