1,721,011 research outputs found
Il codice civile cinese: un punto dentro una linea
No full textThe Chinese Civil Code is the outcome of a long and dense historical process at the extreme of origin of which lies the twentieth-century perspective oflegal modernity and modernisation, a linear perspective that recognised European codes as exemplary models of reference, for China and beyond. At the extreme of arrival, today, weface a complexscenario: it is a scenario that expresses a normativity madeup, rather than of great models and linear transfers, of entanglements, interweavings, interferences. The Chinese code is a typical expression of this scenario in which it is not this or that reference model that characterises the code but the long historical line within which it fits
Alla ricerca di un diritto di proprietà dei dati. La via cinese
No full textData has been identified as the asset of XXI century, an asset which raises questions on property rights on them.
This essay will explore the Chinese trajectory towards defining, through courts decisions, local experimental regulations and central strategic policy documents, the legal foundation of data property rights, also from the perspective of digital sovereignty
Grammatiche del diritto. In dialogo con Paolo Grossi
No full textIl volume introduce al diritto inteso come fenomeno sociale e culturale ed esplora le tipicità delle esperienze giuridiche nello spazio e nel tempo, dall'Europa medievale al mondo contemporaneo
E-Commerce and Law: A post-modern Legal Scenario. Ideas from the Chinese Observatory
No full textEven in the case of E-commerce, as has happened in other fields, China, after initally following Western dominant models, then ended up developing its own models. This paper reconstructs the process of elaboration of private law rules for e-commerce in China
Sustainability and Law-Assessing: the New "Green Rules" for Foreign Companies Doing Business in China
No full textIn recent years China has become a key protagonist in the discourse on sustainability, also introducing several relevant transformations of the legal framework within which foreign businesses operate. This essay analyses some of these transformations, focusing on the issue of legal incentives for foreign investors’ sustainable investments
Major Legal Trends in the Digital Economy. The Approach of the EU, the US, and China
No full textThe book intends to observe and analyze the major trends in the digital economy at the international level, with particular attention to the rules applicable between Europe, the United States and China. After an initial overview of the current technological and geopolitical scenario, the first part of the volume deals with the matter of Governance of the Internet: in particular, it discusses the role played by law in the context of international e-commerce and which level of legislation (national or supranational) is best suited to regulate the commercial relationships arising from it. The first part of the book concludes with the identification of some regulatory and political objectives that it would be desirable for the rules on e-commerce to address, suggesting policies, especially on a cross-border level. The core part of the book makes an accurate comparison between the European, US and Chinese regulatory frameworks on e-commerce, electronic signatures, privacy and intellectual property, with particular attention to the recent Chinese discipline on e-commerce. The last part of the book is aimed at analyzing how the new challenges posed by the most recent developments in the field of information and technology are addressed in the international legal landscape, with specific reference to the problems (and opportunities) arising from the issues of digital identity, smart contracts, artificial intelligence and blockchain structures
Tra latino e volgare: il linguaggio giuridico in età medioevale e moderna
No full textLe lingue del diritto in Europa tra medioevo ed età moderna riflettono il complesso sistema delle fonti del diritto vigente: il latino e' la lingua dotta dei testi romani e dei giuristi di scuola, mentre l'uso delle lingue nazionali si diffonde progressivamente nelle leggi e nella prassi
An introduction to the importance of a comparative approach in the analysis of the benefits and the risks of e-commerce
No full textThe book intends to observe and analyze the major trends in the digital economy at the international level, with particular attention to the rules applicable between Europe, the United States and China.
The core part of the book makes an accurate comparison between the European, US and Chinese regulatory frameworks on e-commerce, electronic signatures, privacy and intellectual property, with particular attention to the recent Chinese discipline on e-commerce
Environmental Liability within the European Context: Definitory Problems
No full textSince the very beginning, the EU environmental legislation has been facing the wide divergences existing in the environmental legislations and legal processes of the Member States. In this regard, it is sufficient to remember that the concept of “environment” has itself different meanings within the different national legislative contexts, ranging from an “ecocentric” definition of environment, which includes natural resources as such, to a more “anthropocentric” concept, which refers to a few striking aspects of environment considered the most relevant to human health.
Being the different levels of European environmental law, both national and supernational, amongst the main models of reference for the Chinese law reforms, a deeper knowledge of the dynamics of evolution of the main European environmental liability law regimes, in a comparative perspective, shall be helpful to share in a better way Chinese environmental liability rules.
The paper will analyze the main regulation’s practices and definitions enacted within the European Union with regards to environmental liability, throughout a comparative study aiming at contributing to trace a most advanced framework for comparative analysis between Europe and China
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