1,721,060 research outputs found
Diritto soggettivo, obbligazione, azione
Get PDFThe essay revolves around the idea that the normal executability in a specific form of the "modern" obligation, allows to promote a vision intended to enhance the function attributed to the subjective right. On the basis of this reconstruction, which is also witnessing a confrontation with the Roman juridical experience, the author puts forward the hypothesis that legal action, is not an autonomous power from the subjective right, represents the translation in the center of the p
Marx: un mondo senza giustizia ma egualmente buono
No full textThe subject of this essay is the problem of justice in Marx’s theory. According to the author, Marx bases analysis and criticism of capitalism, and its political economy, on descriptive statements that completely ignore assumptions reducible to a parameter of justice. Furthermore, the type of society that Marx imagines as a communist is also based on the idea of an individual emancipation with respect to which his being just is a secondary element
Dentro e fuori : lo strano caso delle clausole e dei principi generali
No full textThe author offers a reconstruction of the typical modality of application of the general clauses, represented by their concretization. The latter takes place through the use, by the judge, of the the principles of the legal sistem, both of those specific to each specific sector, and of those of constitutional law
Assicurazione contro gli infortuni vs. compensatio lucri cum damno: uno a zero e palla al centro
No full textUnlike what was held by Sec. A. civil n. 5119/2002, the socially typical contract of
Accident insurance pursues a unitary purpose - of a straightforward nature
social security - in both cases: coverage of the risk against non-fatal accidents (from
United Sections, vice versa, attracted into the orbit of non-life insurance), and coverage of
risk of death. Hence the validity of the exclusion clause of the recognized right to subrogation
to the insurer by art. 1916 c.c. and cumulativenes
L'equa remunerazione degli autori e degli artisti dopo l'attuazione della Direttiva 2019/790
No full textThis essay focuses on the equalization remedies introduced by Articles 107,
paragraph 2 and 110-quinquies of the l.a., transposing Articles 18 and 20 of EU
Directive 2019/790. In particular, it brings the right to adequate and proportionate
remuneration back to a form of protection of the weak contracting party assisted by
an invalidating remedy corrected by a necessary partial nullity rule; and excludes that
the adjustment mechanism can be brought back within the framework of the hardship
clause
Le fonti del diritto privato
No full textA reconstruction of the system of sources of private law through the examination of the relationships between internal sources and supranational source
L'autonomia privata e il paradigma perequativo dell'Unione : morte del contraente debole e apoteosi dell'informazione negoziale
No full textThe European contract law is an instrument for implementing the "highly competite social market economy (art. 3 T.U.E.). Its regulation aims to clean up the market of position rents linked to structural imbalances of power (asymmetries). The original form of asimmetry is the information one which is found in directive 93/13 regarding unfair clauses and in the art. 33 ff. cod.cons., on the subject of unfair terms, the response inspired by consumer protection. The fight against asymmetry is at the origin of other legislative interventions of european origin, even if in these cases it presents itself in a different guise from information asymmetry
L’INTRODUZIONE ALLA PROBLEMATICA DELLA «PROPRIETÀ» NEL QUADRO DELLE RILETTURE COSTITUZIONALI DEL DIRITTO PROPRIETÀ
Get PDFPietro Perlingieri's book "Introduction to the problematic of property", published in 1970, is re-read in the light of the Italian debate on the constitutional interpretation of property la
Clausole generali/standard valutativi nel pensiero di Angelo Falzea
Get PDFThe essay focuses on the examination of the famous lawyer Angelo Falzea on the general clauses and legal standards, bringing on lighy an original conception of law as a cultural subsyste
Sovraindebitamento e responsabilità patrimoniale
No full textThe article critically investigates the relationship between the
issue of over-indebtedness and, in particular, that of discharge from
bankruptcy, highlighting the problematic relationship with the
debtor’s financial liability and the impact on the statute of the obligation. In this sense, the rule on discharge from bankruptcy is examined, stigmatizing both its linguistic inaccuracy and the disorientation it produces in the interpreters. The essay then emphasizes the
difficulties encountered by the process of integration of such rule into
the system. From this point of view, there is a genetic mutation of the
obligation, whose original status is radically changed
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