1,720,982 research outputs found
La disciplina della gestazione per altri nel Regno Unito. Attuali criticità e prospettive di riforma
No full textThe article analyses the recent reform bill filed by the Law Commission of England, Wales and Scotland on surrogacy, exploring how and to what extent it may fill the gaps in current British legislation on the subject, better-balancing woman’s dignity and the interest of the child. As the Author points out, despite some crit- icism, the Surrogacy bill could well, as a whole, be a model for foreign legislators wishing to tackle such a sensitive and socially divisive issue
La gestazione per altri : persistenti criticità e prospettive di regolamentazione in chiave comparatistica
No full textThe essay investigates the issue of maternal surrogacy from a comparative perspective, exploring whether and how both judges and legislators can ensure the legal protection of minors born through these procreative methods respecting — at the same time — the dignity of the pregnant women. To this end, the Author will retrace the dialogue between the First Section and United Sections of the Court of Cassazione, and the Italian Constitutional Court, in regulating the parental relation- ship following a maternal surrogacy abroad. After examining the reasons supporting the judicial decisions and detecting their logical incoherences, the study will consider some foreign legal systems (UK, British Columbia, California and Portugal) allowing gestation for others. This comparative analysis will suggest a possible legislative reform of l. 19 february 2004 n. 40 needed to relieve national judges from inconsistently ruling on such ethical issues to fill a legislative void
Frozen embryos, frozen law. Brevi notazioni, in chiave comparatistica, su una recente decisione in tema di procreazione medicalmente assistita
No full textThe essay deals with the effects of the withdrawal of the consent to use stored embryos the creation of which was brought about in vitro, once the two partners have broken up and only the woman wants to receive medical assistance to carry a child. The analysis focuses on two opposite Italian judicial decisions, which are compared to an English one. This broader perspective on the subject provides for two diverging possible solutions, each based not on a formally different legislative framework, but a different balance between the values of life, dignity, personal autonomy and health underlying – both in civil law and common law – the medically assisted procreation (MAP)
Il ruolo del fiduciario in prospettiva comparata
Get PDFThe essay analyzes the role of the healthcare agent in some European civil law and common law legal systems. The comparative analysis will highlight the peculi- arities of the regulation of this institute in each of the jurisdictions examined, which assigns the healthcare agent the delicate task of interacting with physicians if the pa- tient is incapable of deciding on medical treatments. The powers proper of the “Be- treuer” in Germany, the “Attorney” in England, and the “Personne de confiance” in France do not coincide perfectly with the Italian comparable, configuring a different legislative balance between patient’s autonomy and physicians’ will
Il lascito del proprio corpo a fini didattici e di ricerca. Il nobile (ma vano) intento della legge 10/2020
Get PDFThe essay gives a sharp outline of the recent Italian law ruling body donation to science after death, as a personal choice exclusively founds on a conscious and free act of will. The statute, however, has not been met its aim, lacking of supporting the donor in making his consent fully effective. Indeed, as one of the highest displays of human solidarity, this issue would have required a balance between scientific research interests and individual autonomy protection
Decisioni sul termine della vita e donazione degli organi. Spunti comparatistici per una futura disciplina
No full textThe essay focuses on organ donation as a possible choice for those patients seeking euthanasia or assisted suicide whose informed and free consent has to be carefully preserved. In that case, indeed, concern for the welfare of others, on the one hand, and dying for having relief from illness, on the other hand, could confused- ly converge in the will of a vulnerable person receiving medical treatments. The Dutch and the Belgian statutory frameworks governing organ donation after eutha- nasia can shed light on this such ethical theme involving human dignity that should be ignored by the Italian legislator anymore
Considerazioni sparse, in chiave comparatistica, sulle proposte di legge in materia di eutanasia e di suicidio medicalmente assistito
Get PDFThe essay deals with proposed legislations, in Italy and in England, about euthanasia and assistance in dying. It aims to confront the different solutions in both legal systems, for the purpose of finding the best result for the respect of the dignity of people suffering for terminal illness
Quello che la legge non dice. L’interruzione delle terapie di sostegno vitale in assenza di una volontà espressa dall’infermo
No full textThe essay deals with the withdrawal of life-sustaining treatment from an adult in permanent vegetative state or in a minimally conscious state, in the absence of a will expressed by the patient. The Italian l. n. 219/2017 has not changed matters, because it does not explain how, in this case, autonomy and human dignity can be properly safeguarded. Under a comparative point of view, the essay deals with the French and the English statutory framework governing the scrutiny of any decision to withdraw clinically assisted nutrition and hydration
Riflessioni sparse, in chiave comparatistica, sugli accordi prematrimoniali
No full textPrenuptial agreements are legal settlements by which a couple who is about to get married can establish the terms of the respective assets and economic interests during or after the dissolution of the marriage. The enforceability of such agreements, however, requires a delicate balance between the will expressed by the parties, on the one hand, and the public interest related to family, on the other. The comparison between US, English and Italian family law on that issue will clearly show that, both in common law and civil law countries, the concepts of status familiæ and private autonomy can coexist if they are observed in the light of the highest value of human dignity
Il caso Mortier c. Belgique. L’eutanasia conseguente a sofferenze psichiche
No full textIl saggio esamina la pronuncia della Corte Europea dei Diritti dell'uomo sul caso Mortier c. Belgio ed evidenzia lo scivolamento della giurisprudenza europea verso la regolamentazione dell'eutanasia per sofferenze anche psichiche negli ordinamenti degli Stati membri
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