From a purely instrumental function to the substantivisation of civil procedure

the contemporary links between substantive law and procedural law

Abstract

Departing from two contemporary legal phenomena (litigation agreements and self-help mechanisms), the article approaches the return of procedural law to substantive law, which is named “substantivisation of procedural law”, a path that realigns the relations between substantive legal norms and procedural legal norms, redefining their role in regulating behavior primarily and secundarily, wether throgh judicial proceedings or outside the Judiciary.