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Author: Guido Alpa Publisher: Routledge ISBN: 1135393206 Category : Law Languages : en Pages : 330
Book Description
Italian Private Law provides an excellent overview and analysis of Italian private law and its transition from the early twentieth century legal tradition to a system based on constitutional values, geared towards European integration. Exploring the eclectic yet systematically solid foundations of Italian private law, which has adapted itself to the ever growing pressure of EU legislation, Alpa and Zenovich look at the legislative system as well as the profound influence of case-law and legal scholarship. It examines: family law succession legal persons businesses and companies property law contract law tort law. This volume is a key resource for legal scholars, practitioners and students who want to gain a deeper knowledge of Italian private law in their research, professional or academic activity.
Author: Guido Alpa Publisher: Routledge ISBN: 1135393206 Category : Law Languages : en Pages : 330
Book Description
Italian Private Law provides an excellent overview and analysis of Italian private law and its transition from the early twentieth century legal tradition to a system based on constitutional values, geared towards European integration. Exploring the eclectic yet systematically solid foundations of Italian private law, which has adapted itself to the ever growing pressure of EU legislation, Alpa and Zenovich look at the legislative system as well as the profound influence of case-law and legal scholarship. It examines: family law succession legal persons businesses and companies property law contract law tort law. This volume is a key resource for legal scholars, practitioners and students who want to gain a deeper knowledge of Italian private law in their research, professional or academic activity.
Author: Guido Alpa Publisher: Routledge Cavendish ISBN: 9781844720507 Category : Civil law Languages : en Pages : 291
Book Description
Providing an overview and analysis of Italian private law and its transition from the early 20th century legal tradition to a system based on constitutional values, this text explores its eclectic yet systematically solid foundations as well as the pressure of EU legislation and the profound influence of case-law and legal scholarship.
Author: Guido Alpa Publisher: British Institute for International & Comparative Law ISBN: 9781905221103 Category : Civil law Languages : en Pages : 0
Book Description
Legal systems in Europe are now converging, and the acquis communautaire is helping this process. Legal cultures are merging too. Legislators and judges can profit from foreign experiences when they try to achieve a satisfactory balancing of conflicting interests. The needs of a general codification are now challenged. It is necessary to 'rebuild' the old machine of the law, taking into account the living sources emerging within society. In Italy, as well as in Europe at large, soft law is now replacing hard law. Italian private law is under a complex and fascinating process of evolution. Its Roman and French roots, and the legacy of the codification age, are now merged with EC law and with other sources of law. This book - divided into five parts - examines Italian private law. Part I is devoted to the resolution of some of the most important and difficult problems in private law - the definition of personal injury and the application of various methods of calculation of damages, the hypotheses of strict liability in tort area, environmental damage, freedom of contract, and the results of the application of the EC Directive on unfair clauses in consumer contracts. Part II looks at commercial law, considering consumers' interests, financial services (and the Parmalat case), competition and fair trade, mergers, and the transparency of banking contracts. The legal profession, as now regulated in Italy, is the subject developed in Part III. Part IV and Part V end the book with reviews of some relevant contributions of English jurists to the discussion of the present needs of legal systems in Europe and includes an essay on the new aspects and meanings of legal certainty.
Author: Michael A. Livingston Publisher: Stanford University Press ISBN: 0804796556 Category : Law Languages : en Pages : 283
Book Description
For fifty years, the first edition of The Italian Legal System has been the gold standard among English-language works on the Italian legal system. The book's original authors, Mauro Cappelletti, John Henry Merryman, and Joseph M. Perillo, provided not only an overview of Italian law, but a definition of the field, together with an important contribution to the general literature on comparative law. The book explains the unique "Italian style" in doctrine, law, and interpretation and includes an extremely well-written introduction to Italian legal history, government, the legal profession, and civil procedure and evidence. In this fully-updated and revised second edition, authors Michael A. Livingston, Pier Giuseppe Monateri, and Francesco Parisi describe the substantial changes in Italian law and society in the intervening five decades—including the creation and impact of the European Union, as well as important advances in comparative law methodology. The second edition poses timely, relevant questions of whether and to what extent the unique Italian style of law has survived the pressures of European unification, American influence, and the globalization of law and society in the intervening period. The Italian Legal System, Second Edition is an important and stimulating resource for those with specific interest in Italy and those with a more general interest in comparative law and the globalization process.
Author: Thomas Glyn Watkin Publisher: Routledge ISBN: 0429760531 Category : Law Languages : en Pages : 269
Book Description
First published in 1997, this volume provides the reader from a common law background with an introduction to the Legal System and basic private law institutions of contemporary Italy. It aims to afford a basic understanding, rather than a detailed presentation, of Italian law, through an appreciation of its historical development within the civil law tradition and its place in that family of legal systems descended from Roman law. Having described Italy’s place in European legal history and identified the main features of civil law systems generally, it examines the structure of the modern Italian State, its legislative process. Constitution, legal professions and systems of civil, criminal and administrative justice. The last third is devoted to private law, in particular the law relating to the family, property, contracts and civil wrongs, particular attention being paid to differences between the civil and common law approaches to these subjects. It is a readable, lucid and systematic account of its subject.