1,721,093 research outputs found
Tecniche di regolazione del mercato agro-industriale e diritto comune
No full textThe paper deals with the latest measures adopted by the European Union in order to protect the financial interests of the Union’ s budget and to prevent any irregularities or non compliance with obligations committed by beneficiaries of payments: particular reference is made to Reg..1306/2013 and Reg.1308/2013.
The paper focuses on measures involving both public and private law. Such as the cross-compliance system based on the principle that the full payment to beneficiaries of some supports under the Cap should be linked to compliance with rules concerning land management , agricultural production and agricultural activity; and the duty to use, in the agrifood chain contracts, formalised written contracts which must include principal elements provided by the Law, in order to enhance transparency. According to a trend well known to the commentators, the European policy manages private law and particularly legal provisions concerning economic relationships and contracts, as a way to rule the market. The A. points out how this techniques should no more be seen as specific measures belonging to the particular scope of the agricultural policy; but they rather need to be considered in the framework of general principles of civil law, particularly when the search for effective measures to act as a deterrence is implied, and remedies under civil law, together with administrative measures and penalties, seem to be more suitable
La ricerca della “specialità” dell’impresa agricola e l’inesorabile tramonto dell’art. 2135 cod. civ.
No full textThe paper focuses on the crisis of the distinction between commercial and agricultural enterprises as adopted in the Italian civil code. Technical progress and the development of industrial agriculture have weaken the traditional link between agricultural production and land . and reduced the structural disparities between industrial and agricultural production process. In the framework of such changes, it seems to become useless and even ambiguous the dual system adopted by Italian civil code, according which agricultural and commercial enterprises should be approached and regulating in different specific ways , due to the supposed weakness of rural enterprises particularly in the market relations. The A. criticizes this dual approach , and points out how uncertain become the boundaries between commercial and agricultural enterprises when a so called “connected” activity is implied (that is, when the farmer carries also out typical commercial activities, like transforming and selling of what he produces). Italian legislation, under the pressure of economic processes and of the CAP, has meaningfully reduced legal disparities in the statutory of agricultural enterprise, so that the separate definition provided in article 2135 Italian civil code looks updated and, particularly in the new wording drafted in 2002, it is unsuitable to take account of the various activities developed in a modern rural enterprise. The latest reform of Bankruptcy Act moves forward a uniform approach to the managing of business crisis and then it makes more and more anachronistic – the A. stresses – the aim to keep agricultural enterprise in a no failure zon
Oneri di sbilanciamento (diritto dell'energia)
No full textThe article aims to explore to what extent consumers protection, as principle constitutionally guaranteed by art.38 of EU’s Charter of Fundamental Rights, should affect the rules governing the electricity dispatching service and the balancing system. On a market such as the electricity market, where demand is inflexible and the product concerned cannot be stored, electricity dispatching service is designed to ensure that, within the national transmission system, the supply of electricity matches demand, thereby guaranteeing security and continuity in the energy supply. Transparent market-based mechanisms for the supply and purchase of electricity needs to be combined with balancing measures, whose aim should be the best allocation of the unbalancing costs, particularly the ones due to non- programmable sources of electricity: only adequate programming strategies adopted by this operators could reduce unbalancing costs that will be passed on consumers. After a thorough preliminary investigation, carried on by the Italian Regulatory Authority for Electricity and Gas, many operators have recent been found guilty of irregular behavior in the wholesale electricity markets, particularly in balancing, The paper addresses the question whether public policies and regulatory action concerning balancing costs can be regarded only as a problem of competition law and market regulation. According to EU and domestic law (2009/72/EC Directive and its implementation) national regulatory authorities should play an active role to ensure that balancing tariffs would be non-discriminatory and cost-reflective. Moreover, consumer interests are at the heart of this Directive which particularly focuses on information rights. In recent judgments our Administrative Courts, by referring only to the non-discrimination principle, argued that the reform of the balancing system (aimed at developing a more cost reflective distribution of the costs by reducing the difference in the treatment of programmable and non- programmable sources) had been adopted by the Regulatory Authority (in 2012) with breach of the rights of producers of non-programmable sources, because the two categories of operators are non in a comparable situation. On the other hand, the Administrative Court held that it is left to the Authority and its discretional power to decide if and how charging consumers of these costs. The A. criticizes such approach and the implied hierarchy between non-discriminatory principle and transparency principle adopted by national Courts. And she attempts to show how transparency requirements regarding contractual terms and conditions in consumers contracts, according to the recent developments in ECJ case-law, should play a key role, in the case, in requiring the development of a cost reflective regulatio
La disciplina generale del contratto, Terza edizione
No full textIl volume intende offrire una visione aggiornata e sistematica della disciplina generale del contratto nella sua odierna complessità in larga parte dovuta al processo di "contaminazione" con il diritto di fonte europea. Particolare attenzione è riservata alle trasformazioni del diritto patrimoniale attuale nel quadro di un proficuo dialogo tra le Corti (interne e sovranazionali
Il contratto. I requisiti e la formazione in Manuale del diritto privato a cura di S.Mazzamuto, 4 ed.,
No full textThe paper focuses on the general principles and rules concerning private autonomy and contract in the framework of European Union legislatio
I Contratti agrari Seconda edizione
No full textIl volume offre una analisi aggiornata , attenta in particolare alla rilevante prassi applicativa. La disciplina in parola viene considerata nei suoi aspetti di maggior rilievo sistematico nel quadro delle trasformazioni di istituti e rimedi del diritto privato odiern
Failure and complex crack patterns in hybrid laminates: A phase-field approach
No full textA powerful numerical instrument, which reproduces the complex failure mechanisms of hybrid laminates under in-plane loading conditions, is developed within the framework of phase-field modelling. The ruptures, strongly influenced by geometrical and mechanical properties of the plies and affected by the state of stress, are arranged as delamination of the adhesive interface and intricate crack patterns within the layers. Therefore, the mechanical response of a hybrid laminate is obtained by studying the simplified layup of two elastic-brittle solids connected by a cohesive interface. Explicit and well detailed simulations illustrate peculiar failure mechanisms, validated, when possible, against experimental results taken from the literature and compared to simplified analytical models. Different in-plane loading conditions are explored together with the possibility to include material anisotropy. The proposed model is a first attempt to provide an effective design tool for the understanding of the intriguing failure of hybrid laminates and the enhancement of their mechanical properties like ductility
Modeling micro-cracking and failure in short fiber-reinforced composites
Full text linkComposites made of reinforcing short fibers embedded into brittle matrices, like, e.g., fiber-reinforced concretes, exhibit enhanced strength and ductility properties. Their failure process induced by tensile loadings involves hardening and softening stages as a result of matrix multiple micro-cracking, due to stress bridging of fibers across matrix micro-cracks, and strain localization phenomena. In the present paper, a variational model is proposed for the description of the intriguing failure mechanisms observed in short fibre-reinforced composites subjected to tensile loadings. The key modeling idea is to schematize the composite as a mixture of two phases, a brittle phase, representative of the matrix, and a ductile phase, accounting for the fibers reinforcement, which are coupled by elastic bonds. Different modeling levels of increasing complexity are proposed, ranging from a simplified one-dimensional analytical model to a three-dimensional variational model. Within the variational formulation, specific damage and plastic energies are assigned to the two phases, incorporating non-local gradient terms, and governing equations and evolution laws for the internal variables, as yield inequalities, consistency conditions and normality rules, are deduced from minimum principles. Parameters calibration is discussed as well as the importance of three internal lengths incorporated into the model. Moreover, the variational structure of the problem allow for a straightforward finite element implementation based on an incremental energy minimization algorithm and several aspects of the response are highlighted by means of numerical examples
IL CONTRATTO: I REQUISITI E LA FORMAZIONE , in Manuale del diritto privato a cura di S.Mazzamuto Terza edizione
No full textUna esposizione ragionata dei principi e regole che delineano la disciplina generale del contratto, aggiornata alla luce delle "contaminazioni" determinate dall'innesto del diritto di fonte europea
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