L’evoluzione dell’art. 614-bis c.p.c. nel segno dell’effettività tra coazione giudiziale e garanzia del debitore

The Autor analyses the evolution and function of indirect coercive measures in civil proceedings, with particular attention to Article 614-bis of the Italian Code of Civil Procedure, as amended by Legislative Decree No. 149 of 10 October 2022. The study reconstructs the genesis of the institution and assesses its transformation from a marginal remedy into an instrument of judicial effectiveness, highlighting the enduring ambiguities between coercion and procedural safeguards. Although inspired by innovative aims, the reform achieves a conservative rationalisation: it organises the mechanism without all resolving its internal contradictions. The effectiveness of the remedy remains entrusted to judicial discretion and is fragmented among cognition, interim relief, and enforcement. The result is a model of “regulated effectiveness”, in which jurisdiction assumes a persuasive rather than an authoritative role. From a de iure condendo perspective, the research proposes an organic framework for indirect coercion capable of unifying judicial powers and transforming the measure from an exceptional device into an ordinary tool of an enforcement-oriented jurisdiction.