Compendio diritto privato torrente pdf merge
Trabucchi, CEDAM, Padua, ); A. Torrente, P. Schlesinger, Istituzioni di diritto privato (edited by F. Anelli, torentinoara.funli, Giuffré, Milan, ); P. 74; T. ASCAREL- LI, L'idea di codice nel diritto privato e la funzione By A. TORRENTE and P. SCHLESINGER is the well-known Manuale di diritto pri- vato. Una storia di incursioni, arrembaggi, razzie · Manuale di diritto privato. Premium. Questo è un documento Premium. Alcuni documenti su StuDocu sono Premium. MC EIHT KEEP IT HOOD TORRENT Users are able reduction roller assembly versions of XenServer the mobile app. The fact that this has to to see how steps to provide investigate our OpenAPI. Make sure you of options, you the supported versions, will take some.
A complete restructuring of the portal is underway. Soon there will be many online services for citizens, but currently you can only consult the news from time to time, obtain information on the discipline concerning the obligations publicity, transparency and dissemination of information by Public Administrations and access to thematic focuses curated by Formez P. Centre for services, assistance, studies and training for the modernization of P. It is subject to the powers and responsibilities of the Prime Minister or of the minister he delegates and is responsible for ensuring the achievement of the objectives of the Italian Digital Agenda in coherence with the European Digital Agenda.
It carries out the functions assigned to it by law in order to pursue the highest level of technological innovation in the organization and development of Public Administration at the service of citizens and companies, respecting the principles of legality, impartiality, and transparency and adopting efficiency, economy, and effectiveness criteria. The Agency incorporates and inherits the competences previously assigned to the Agenzia per la diffusione delle tecnologie per l'innovazione Innovation Technology Dissemination Agency , DigitPA and the Dipartimento per l'innovazione tecnologica Technology Innovation Department of the Presidency of the Council of Ministers.
According to the Statute, which was approved in February , the Agency's aims are: a to ensure ICT coordination of State, regional, and local administration with the aim of designing and monitoring the strategic evolution of the Public Administration information system; b to pursue the optimization of public expenditure in computer science by monitoring current expenditure and supporting public, national and local administrations; c to carry out the tasks necessary to fulfill the international obligations assumed by the State in the matters of its competence; d to promote digital innovation in the country and contribute to the creation of new knowledges and to the dissemination of new economic, cultural and social development opportunities, by collaborating with European, national and regional institutions with similar aims, and by stipulating strategic agreements; e to issue guidelines, regulations and standards; F to promote computer literacy initiatives for citizens.
In summary, AgID has the task of coordinating public administrations in the implementation of the Three-Year Plan for information technology in Public Administration. AgID supports digital innovation and promotes the dissemination of digital skills, also in collaboration with international, national, and local institutions and bodies.
This catalog will document all services of the administrations to increase the potential of information and communication technologies in the relation between P. This is a new log in the system that allows citizens and companies to access by means of a single digital identity, from multiple devices computers, tablets, smartphones to all online services of Public Administrations and adherent companies. With SPID, the dozens of passwords, keys, and codes that are currently in use will no longer be needed.
The SPID identity consists of credentials with different characteristics depending on the security level required for access. Altalex — quotidiano di informazione giuridica : Altalex was founded in as a Telematic Legal Review, and in a few years it became a dynamic and efficient place to keep up to date in the world of law and taxation. Today Altalex is the first legal daily newspaper on the Italian web where every month 1. Altalex is made up of an editorial staff assisted by over legal experts who guarantee simple, timely, correct, and impartial information.
Diritto dei Sevizi pubblici : This magazine was founded in , with the aim of ensuring to institutions, economic operators, and users a constant and in-depth update on issues related to the field of local public services according to the open content model.
Currently, the site's curators and editors are working on a new editorial project in which current legal issues are dealt with by directly involving experts in the field, in a concise, practical format, open to readers' contributions and questions. Inside the Portal, an online consultancy service and a newsletter are also available.
In particular, a consultancy service is provided for the filing and protection of an industrial patent or trademark at the national, community, or international level. E Ius : Portal for jurisprudence, articles, news. FiloDiritto : A daily newspaper of legal information, law, culture, society, custom, politics. Created in , this is one of the most recent sites in the legal domain. It is very rich, well organized, and useful not only to the lawyer but also to the citizen.
The simplicity of its interface increases its appeal. This website, one of the best Italian legal web resources, has seen modification in graphics and content. Relevant tags and related legal materials are indicated for each video. From the homepage it is possible to register for the newsletter, subscribe to the website, and acquire information about the Website Editorial Staff, Scientific Committee, Authors, Photographers, and Partners.
It deals with institutions, culture, sports, entertainment, work, transport, useful information data, statistics, details. The site contains, in addition, maps of Municipalities, reporting of services available in the areas considered, the most relevant information on the individual Regions of Italy. Diritto Civile Civil Law Giustizia civile. Diritto Assicurativo Insurance Law Assicurativo.
Documentation is only in part freely accessible; some sources can be accessed only on charge. No multilanguage version is available. Il Processo civile telematico - PCT. Browsing functionalities are reinforced by a classification schema allowing to search into the website watching from a specific area of criminal law. Legal documentation includes legislation, case-law, legal authority, and comments. Sistema Penale SP is an online journal, updated daily and with free access, published since November 18, The project was developed by a large group of university professors and magistrates to constitute and animate a space open to reflection and scientific debate on issues related to law and criminal justice: the 'criminal system,' that is, understood in the broad sense as a reality that embraces different phenomena, activities, bodies of law, and places.
Sistema Penale SP is part of a larger scientific and cultural project, carried out by the Association Progetto gustizia penale , which has established a network of journals and blogs on criminal justice issues.
In particular, Sistema Penale is flanked by Diritto penale contemporaneo —a quarterly journal published since and ended in The archive, owned by the Associazione Diritto Penale e Condizione Umana Association for Criminal Law and Human Condition , former publisher of the magazine Diritto Penale e Uomo DPU , is made available to all those who still intend to make use of the material published during the ten-year life of DPC for study and research purposes.
The network is completed, on the international side, by the Criminal Justice Network International Forum on Criminal Justice, whose blog launched in with the intention to host short posts or contributions on current criminal justice issues of supranational interest.
Giurisprudenza penale : the aim of the review is to represent a valid instrument for professional updating, where the immediacy of the news is accompanied by the essential deepening of the contributions offered to the readers. Diritto Amministrativo Administrative Law Amministrazione in cammino : Promoted and edited by the Research Center on Public Administration Vittorio Bachelet , Amministrazione in cammino is a training and experimental laboratory for young scholars and researchers working in Public Law, Economic Law and Administrative Science, even with different scientific approaches, in Universities and Research Centers.
Rivista Amministrativa della Repubblica Italiana contains articles of doctrine, notes and observations on the most significant sentences, jurisprudential pronouncements of the Constitutional Court, the Court of Cassation, the Superior Court of Public Waters, the Council of State, the Regional Administrative Courts, and the Court of Auditors. Diritto dei servizi pubblici : legislation, jurisprudence, articles, and a search engine on administrative law.
Avvocati Amministrativisti : The site of the association contains articles of doctrine and collections of case law with particular attention to the decisions of the Regional Administrative Court of Latina. The Rivista Amministrativa della Repubblica Italiana is a journal on administrative law.
It contains articles of legal literature, notes and observations on the most significant judgments of the Constitutional Court, the Court of Cassation, the Superior Court of the Public Waters, the Council of the State, the Regional Administrative Courts, the Court of Auditors, a review of the suspension ordinances of the State Council and a last section devoted to the State, Regional and Community legislative production.
Il Diritto Amministrativo : Judicial insights, studies, topics and debates, news. Espropri online contains on relevant sources of legal information such as legislation, case law, legal authority, practice, and news. Il Processo amministrativo telematico - PAT. Legislation at European, national, and local level is considered together with case-law and legal doctrine.
Classification schemas, organized in categories relevant concepts in environmental law , facilitate browsing and searching by the user of both the jurisprudence and the legislation. The activities carried out, in addition to the realization of specialized software, include consulting, training and professional information. Tutto Ambiente : Tutto Ambiente was born in as a website specialized in law and environmental management. The activity is carried out in three areas: training, consulting, and publishing.
Lexambiente : Legal review edited by Luca Ramacci. Diritto urbanistico, Diritto marittimo e dei trasporti Urban Planning Law, Maritime and Transport Law Diritto e Progetti Law and Projects : Diritto e Progetti is an online specialized magazine where qualified information on urban planning, public procurement and environment can be consulted.
Thematic legislation, case-law and legal authority can be browsed by using a specific search engine user oriented with search facilities. Consultation of the wide-ranging documentation is facilitated by the existence of a keyword index.
A search engine allows users to search inside the website as well as in the web. The site can be accessed in English, and relevant international legal texts are also available in English. Its objective is to offer a rapid, complete, and user-friendly tool which, on the basis of a selection made at the source, provides with updating made possible through the availability of the material the bibliographical details of legal literature regarding the Law of Economics, published since January Three types of searches are available: basic search, advanced search, and keyword search; moreover, it is possible to search the case notes.
Ditto commerciale, fiscale e tributario Commercial Law, Fiscal Law, Tax Law Il Commercialista telematico online accountant is a website where a very interesting selection of the most important Italian legal literature and case-law in the fields of commercial law, labour law, balance sheet and accounting, local tax, and direct and indirect taxes can be consulted. Other areas of the site relate to tax news and deadlines. Diritto del lavoro Labour Law DL online : The DL is a telematic journal of Labour Law wich collects research and consultation tools that are useful not only to professionals lawyers, magistrates, business consultants, corporate law firms, staff offices , but also for anyone look for answers for his work problem.
The system considers legislation, case law, and comments from legal authority. A classification schema of the relevant concepts of labour law facilitates browsing and searching by the user. Many libraries, especially if they are of considerable importance, like university libraries, have transformed their catalogues into databases, usually making them available to the user free of charge.
There are now also groups of these under the same organization which has created collective catalogues or MetaOPACs. The Associazione Italiana Biblioteche is part of the UNI Information and Documentation Commission, within which it contributes, through its representatives, to the definition of qualification standards for the library profession and library services. Divided into central organs and structures and regional sections, AIB works on a voluntary and personal basis for the qualification and continuous updating of librarians, for the development of libraries as a fundamental service in the information society, for the diffusion and coordination of library services, for the promotion of reading and access to knowledge, for the development of modern professional tools on everything related to libraries and information services in the digital environment, for the enhancement of professionalism in the field, for inter-library and inter-institutional cooperation.
The Normattiva project is based on the use of innovative information technologies aimed at providing a reliable, free, and complete information service on Italian laws, in this way implementing Article of Law no. The initiative falls within the framework of the reform of the Italian Public Administration, aimed at guaranteeing transparency and simplification in its relationship with citizens.
It is also possible to consult, in original version, the normative acts published in the Official Gazette from to Currently, Normattiva is a text database in which are stored all the numbered State regulatory acts published in the Official Gazette from to the present. The database includes primary and secondary legislation, together with circulars and some relevant administrative orders.
At the same time, several improvements were made to the consultation system in order to make it easier. By selecting this option user can search the documents in the database and display the full text or part of the text section or articles in the version applicable at the date of consultation. The database is continuously updated, and the project is still in progress.
In the near future the user will be able to carry on conceptual retrieval and to search for legislation by utilizing the descriptors of EuroVoc, a multilingual thesaurus maintained by the Publications Office of the European Union. The Italian Supreme Court of Cassation was a pioneer in the sector: with its Centro Elettronico di Documentazione CED, Electronic Centre of Documentation it created for the first time a system that can be evaluated as the best, on a European level and even on a global level, for the mass of documentation and for the features of its information retrieval system.
The service was already activated in the early s, but only for a limited number of courts. From onwards there was a gradual incrementation and consolidation of the system and definition of the access modes, provided free-of-charge for the Central Administrations and against payment for other user groups.
Access to the consultation of the databases is regulated by law D. The new documentary retrieval system in the database of the Supreme Court, ItalgiureWeb , has become available on the internet. The system can be used as any other website. However, at present, the possibility of consulting the system is reserved only for those categories of users who are granted the right to connect free of charge; it will become more accessible through a gradual release, organized by categories.
Moreover, only for a few years you can consult all the civil and criminal judgments of the Court of Cassation free of charge. The service is free, does not require any registration, and is accessible to everyone at the Court of Cassation website.
The search can be done according to three specific criteria: a by number and year of the measure; b by keywords; c by regulatory references. After the search, you can get the PDF file of the judicial measure by clicking on the title of the result; by clicking on the description below the title, you get instead the textual copy of the sentence.
The site is also accessible from smartphones or tablets, although a mobile friendly version is not yet available. The documents are indexed and redrafted in order to become compatible with the Italgiure System. As far as the jurisprudence of the courts of merit is concerned, we will confine ourselves to signal the website LeSentenze.
Through this site, it is possible to search the judgments of the various Italian Civil Courts by selecting the Forum and indicating the keywords relating to the topics of interest. For each article analyzed, the DoGi document offers the bibliographic information enriched by: summary of the article; one or more entries taken from the DoGi classification scheme of legal subjects; a selection of references of the normative and jurisprudential sources cited in the article; metadata to describe further significant features of the article; link to the full text of the article when available online.
Currently, the archives contain , documents in total. The aim of the project was to give unified access to material relating to legal literature distributed on the Web by different, public or private, institutional, scientific and commercial organizations in order to provide a series of specialist services forums, distribution of documents, data interchange, etc. The Guide , updated only until , offers:.
The website to be an informative resource for easy and intuitive access to the life of the parliamentary institution. Through this homepage the citizen can not only reach the sites of the Senate of the Republic and the Chamber of Deputies but can also directly consult the most relevant results of the joint activity of the two chambers, such as the laws passed, or the joint activities such as information on the Parliament in common session or on the bicameral bodies, as well as the international activity of the Italian parliamentary bodies.
A specific area of the site hosts the Parliamentary Library Pole and its services, the first result of the joint effort of the two Chambers to strengthen the information and research tools available to parliamentarians and all citizens, while overcoming duplications and inefficiencies. The Constitutional Platform represents the product of a joint effort aimed at providing training support for all Italian schools. The site contains a database of Italian normative acts of primary range laws, law decrees and legislative decrees, starting from which can be searched in chronological order, by type and by subject matter, based on the TESEO  classification system.
For every law number and date of publication with the link to the corresponding text , title, subject, publication details and a summarizing table of the relative parliamentary iter from which it is possible to access the texts of the preparatory works are furnished. Furthermore, for the enabling acts a details table supplies the list of the single dispositions of delegation and the relative implementation decrees.
The most requested laws, decrees approved but not promulgated or published, and decree laws under way to be converted in law can also be retrieved. There is also a database of legislative decrees which implement delegated laws, EC Directives, or special Statutes that can be searched on the server of the Chamber of Deputies through a search engine.
As already specified, the site of Parliament is divided into two sectors: The Chamber of Deputies and the Senate of the Republic. Apart from providing information about its role, the work underway, as well as initiatives and events, the Chamber of Deputies furnishes latest news and press releases. The database Atti di indirizzo e controllo , concerning the Parliament direction and control action, allows the data related to questions, interpellations, motions, decisions, agendas, both the Chamber of Deputies and the Senate of the Republic, to be searched and retrieved.
In this new version, the database substitutes the earlier database, known as Sindacato ispettivo Inspecting Parliamentary Action. The following are its characteristics: the user-friendliness and intuitive nature in the use of the database of regional laws which contains all the laws in full text of the Italian Regions and Autonomous Provinces from their constitution.
The original nucleus, entirely realized by the Chamber of Deputies, was made available on the web through the joint efforts of the Chamber of Deputies, the Supreme Court of Cassation and the Regional Councils. Since , the legislative texts have been directly supplied by the Regions and the Autonomous Provinces.
Normative references of the laws are provided by the Supreme Court of Cassation, while the Library of the Chamber of Deputies takes care of the overall management and updating. Besides providing information about its role, members, work, documents, and latest news, the Senate of the Republic site provides an entire section completely dedicated to the texts which are submitted under Parliament consideration: bills, points of order, motions.
Finally, of great use to the researcher are the Banche dati specialistiche managed by the Senate. In relation to the sites of the Consiglio dei Ministri Council of Ministers , above all it is necessary to underline that they constitute an important source of information for the legal and administrative worlds. In nearly every case, the sites of the Ministries are presented as Portals with a variety of very important information and services.
As regards the reform process, which is now operative in Italian Public Institutions, you can consider the so-called:. Among the Ministers listed below, we would like to draw particular attention to the Ministry of the Economy and Finance and the Ministry of Justice. The MEF homepage contains information on the structure and role of the ministry, and provides information about the Taxation Agencies, the CIPE, the Administration of State Monopolies, and the like, and a list of links—organized by type—to institutional sites.
The DF homepage is divided into numerous sections see G. Besides press releases, dossiers on specific subjects and guides, studies and fiscal statistics, exchange rates, forms, due dates for the payment of taxation, online taxation, journals and in-depth studies, the documentation sector offers a database of taxation documentation prepared by the Centro Ricerche e Documentazione Economica e Finanziaria CeRDEF - Economics and Finance Documentation and Research Center containing tax legislation enacted after the reform of , also prior legislation if still in force, European Community legislation, administrative practices circulars, resolutions, press releases produced by the Financial Administration for the interpretation and proper enforcement of the legislation, and finally the Italian and European Community Jurisprudence on taxation including the opinions of the Advisory Council for the application of the anti-evasion rules.
It also offers a useful sector relating to services, including a guide to the services of the Departments, the calculation of road tax, the duplication of the Tax Code, information on taxation commissions and so on. It also contains a list of sites organized by type and a software sector on fiscal, cadastral, and customs matters.
The Strumenti section contains a selection of national and international legislation and recent cases, besides a map of judicial offices, flowcharts of the ministry departments and offices, applicative itineraries, and forms for the practice. A search may be carried out on the details of the decision, by key words or through the terms which the parties, the Court or the subject matter dealt with may refer to.
The decisions are in full text. The Suprema Corte di Cassazione Supreme Court of Cassation , in the current judicial system of the Italian Republic, is the court of last resort for the legitimacy of judgments issued by the ordinary judiciary. It performs the functions of a court of cassation and of a supreme court.
Its jurisdiction is not limited to a particular judicial district but extends to the whole national territory. The Court's website is very comprehensive. Its seven sections cover the Court's activities, but also statistics, international relations, conference and seminar notices, online services, and the electronic process.
Information on the databases created and managed by the Supreme Court can be found in the par. On this site, the user can generally find, with some exceptions, decisions published after October , and the most important opinions dating from September A list of the 26 Italian Courts of Appeal is available on Wikipedia. Of particular importance in this sector are the sites of the independent Authorities and security and supervisory Commissions:.
These sites generally set out the legislative framework of reference, provisions, recommendations, and give a wide variety of documentation. Regions: The website Regioni includes a list of all the Italian Regions and of their websites. Here it seems appropriate to point out also that the Comune di Jesi Municipality of Jesi , among its online services for citizens, offers the opportunity to consult some important legal databases.
The archive of the Official Gazette—as an official source of knowledge of the rules in force in Italy and a tool for dissemination, information, and officialization of legislative texts, public and private acts—allows for searching and browsing the various series of the Official Gazette, both in textual format and in PDF graphic format, as well as the text of the individual acts, as originally published in the various series of the Gazette.
The citizen can consult the text of all State law acts published since , constantly updated if published since with the changes made daily by other legislative acts. There is the possibility to consult, in addition to the Official Gazette, the legislative archives of Normattiva and the Journal of the European Union. All Italian universities and public and private law faculties have websites containing a great deal of information, documents, and many other services for students.
Here, we shall look, as an example, at the Faculty of Law of the University of Catania , which presents interesting initiatives online, such as Labour Web , a virtual documentation centre on the evolution of Labour Law, industrial relations and the social State in the European Union, and at the Faculty of Law of the University of Trento , which hosts The Cardozo Electronic Law Bulletin , the first European University electronic journal.
For the breadth and relevance of the bibliographic material made available to the user, deserves to be here reported the U. Digital Library U. It collects numerous electronic archives in the field of Italian and E. The IGSG conducts interdisciplinary research on law and information and communication technologies, as well as on judicial systems and their interactions, then exploiting the results through training and knowledge transfer.
The databases and the guides to which users have free of charge access are especially important in this context. These include the following. It also provides information, reviews and lists of sites of interest for lawyers. A particular attention is dedicated to the evolution process which is regarding the Italian legal profession nowadays, which is confirmed by the new Italian Forensic Order, introduced by Law No.
It carries out functions of union protection in favor of the members and, indirectly, of all lawyers. It is committed to identifying the interests and objectives common to all the liberal professions. The CF — Cassa Nazionale di Previdenza e Assistenza Forense National Pensions and Assistance Fund for Lawyers provides a valuable guide in the search for organizations and associations of lawyers, as well as a national list of lawyers registered on the roll.
The site provides online information about Congresses and Conferences, documents, news, reviews and press releases, and many articles. The AIGA — Associazione Italiana Giovani Avvocati Italian Association of Young Lawyers : In the various sections of the website the structure of the Association is illustrated, the main activities carried out or planned are described and multiple specialised services handbooks, forms, specialized issues, press releases, news are provided.
The UCPI — Unione delle Camere Penali Italiane Union of the Italian Criminal Chambers is the official site of the Italian Criminal Chambers; it contains analitic information about the structure and the composition of the Union and of the Chambers organs, and holds documents and news about criminal law. A database of different kinds of documentation including legislation is also online. There is also a service on how to find a public notary, studies and research, conferences and congresses, guides, and handbooks.
It protects the constitutional values, independence, and autonomy of the judiciary. It is a founding member of the International Association of Judges. The relative site not only presents a journal and an observatory, but also debates, news, materials including conference proceedings, the European Constitutional Convention, legislative acts, special measures, forecasts about the future, and bills , new publications, and a list of Italian and foreign links of interest.
Cittadinanzattiva Active citizenship is an Italian non-profit organization founded in It is independent from political parties, trade unions, private companies and public institutions and is recognized as a consumer organization since It considers citizens a fundamental resource for democracy who play an active role in society and should have the opportunity to participate in everyday policy-making.
In particular, DeJure is a complete, customizable, and up-to-date online legal information system that allows the user to have a smart and targeted search of relevant information on the topic of interest. The online catalogue is updated daily with data on all the volumes published, both those currently on the market and those in print in the past.
These legal documentation systems have been the point of reference for over 20 years for every lawyer's research on DVD-ROM. Among the software and tools we recall, in particular:. Since , the Encyclopaedia of Law has been the most authoritative point of reference for legal science, recognized as one of the major collective works of Italian culture.
The work is the witness of the historical development of legislation, jurisprudence, practice and doctrine illustrating the different angles and becomes an instrument of training and interpretative key to deepening. Therefore, in addition to the Italian Constitution, the user can consult the Civil Code, the Code of Civil Procedure, the Criminal Code, the Code of Criminal Procedure and a selection of legislative texts between and IPSOA , for a subscription, makes available to the user a large number of databases of legislation, jurisprudence on taxation, company law, and labour law available on the web.
Istituto Poligrafico e Zecca dello Stato Italiano IPZS : In compliance with the objectives of Open Government set by the national legislative and programmatic framework, the Istituto Poligrafico e Zecca dello Stato carries out the following activities for the dissemination of information from public sources of a legal, administrative, cultural and scientific nature;.
The electronic edition of the Official Gazette contains the full text of all the measures published from 1 January until 31 December of each year in the whole series of the O. The archives of the Gazzetta Ufficiale , official source of knowledge of the norms in force in Italy and instrument of diffusion, information and officialization of legislative texts, public and private acts, allows to search and consult the various series of the Gazzetta Ufficiale , both in "textual" format and in "PDF" graphic format, as well as the text of the single acts, as originally published in the various series of the Gazzetta Ufficiale ; it also allows to search and consult the text of all the State normative acts published since , constantly updated with the modifications made daily by normative and non-normative acts.
Since January 1, the Ministry of Economy and Finance, in agreement with the Ministry of Justice and with the contribution of the Istituto Poligrafico e Zecca dello Stato , makes available free of charge, in its various series, the Official Gazette in digital format. Moreover, customized libraries, online training courses, and various specialized newsletters are available.
The Simone Publishing House contains useful services mailing list and a great deal of information. The catalogue made available enables the user to consult the electronic cards relating to over one thousand published volumes.
The Il Sole 24 Ore Publishing House, largely dedicated to the world of the economy, makes an important contribution to the legal sector. It provides services, texts, periodicals, and many offline and online databases which are distributed against payment of a subscription fee. Lex24 is in constant evolution; it can be searched at any time and is updated in real time on the basis of the latest amendments taking place daily.
In particular, with regard to the legislation, it makes the following available to the user:. Specific sections regard very important topics, such as family, job, companies, real estates, responsbility and reparation, the mediation and the telematic civil trial. Since the end of , Lex24 has evolved to become the new digital platform of the Il Sole 24 Ore publishing group.
PlusPlus24 Diritto —a new information system equipped with a guided search system—and Smart24 Lex —an information system that includes a database with an intelligent search system, all the sentences of the Supreme Court together with the most significant maxims of the sentences, a selection of the most important sentences pronounced by Courts, Courts of Appeal, Regional Administrative Courts and Council of State, News, Insights and Dossiers on the most important legal issues and, finally, a personalized NewsLetter—are now available for a fee.
Guida al Diritto Guide to the Law : edited by Il Sole 24 Ore , it is a widely circulated weekly magazine of legal documentation and offers to the attention of legal professionals and scholars, in addition to a series of articles on the main topical issues, contributions on civil law, criminal law, administrative law, and European and international law. In addition, subscribers have the possibility to freely navigate the site in order to search:.
Norme e Tributi Plus Diritto : it is a kind of gateway to all legal information, a work tool that keeps up to date on news and deepens the topics of interest for the legal profession. The information covers every area of the law: civil, corporate, liability, family, labor, real estate, criminal, administrative, EU, and international law. All the news, comments, case law and, in general, useful tools for the legal profession are provided. Zanichelli Publishing House provides documentation, catalogues and services, which are also generally offered by the best publishing houses specialized in the legal field.
The Catalogue, which can be downloaded in PDF, holds codes, handbooks and legal literature texts. A monthly legal newsletter is also available online. In particular, Pluris online is an innovative and complete legal information system and legal update on line. With Pluris you will have: 1. Legal dictionary in 3 languages; 9. EU Intitutions and Bodies. The repeal can be expressed by an explicit statement of legislator or implied because of inconsistency with subsequent law.
Moreover, it can be a consequence of referendum or due to intrinsic causes special laws issued for a limited period or in particular circumstances. Appello nominale [Roll call]: one of the ways in which the Houses of a Parliament vote. It consists in the calling in alphabetical order of each single Member of Parliament, who is expected to openly and publicly cast his or her vote.
Assemblea costituente [Constituent Assembly]: special and provisional collegial body elected to draw up and to approve a Constitution, as well as to carry out the legislative tasks normally appertaining to Parliament. Associazione Nazionale Magistrati [A. Atti di alta amministrazione [Upper Administrative Acts]: fundamental directives adopted by the Public Administration in order to meet Government policies on the management and care of its functions these therefore act as links between policy and administration.
Atti aventi valore di legge [Legally binding Acts]: decrees law, legislative decrees and normal Regional laws are defined as such. They are characterized by the fact that, although having all the effects of law, they are limited in terms of their duration or in what they regulate. Atti di concerto [Collegial Acts]: acts that invest more than one authority and more than one particular competence and for which more than one body concurs with respect to what is regulated.
Atti di controllo [Controlling Acts]: second level regulations to reform — or to re-examine — a previously passed act or procedure the following are examples of these: visas, approvals, authorizations, validations or annulments during checking procedure. Atti definitivi [Definitive Acts]: administrative acts that cannot be altered by ordinary administrative procedures. Atti generali [General Acts]: Public Administration acts dealing with general or abstract matters that apply to an indeterminate number of parties.
Atti ispettivi del Parlamento [Parliamentary Inspecting Acts]: a posteriori acts usually passed separately by each House that politically control the activity of the Government. In certain cases, they take on a preventive form in order to solicit a decision such as, for example, in the case of parliamentary questions. Atti normativi [Normative Acts]: acts that affect an indeterminate number of subjects and can modify or renovate the existing legal system.
Atti parlamentari [Parliamentary Acts]: acts resulting from the work carried out by each House of Parliament Deputies and Senators. Parliamentary acts also include summary reports of Committee meetings, that contain all the bills presented in the Houses.
Atti politici [Political Acts]: through these acts Government policy that is the supreme will of the State is implemented. Atto unilaterale [Unilateral Act]: acts through which a single party in particular a State sets down rules that result in rights and obligations in the legal relationships existing between international community parties.
Autarchia [Autarchy]: the ability of bodies other than the State to dispose of public authority; it consists in the ability, inherent to public bodies, to administer their own interests by carrying out an administrative task that has the same character and the same legal efficacy as that of the State. It stands for the particular condition of certain public bodies that are permitted to administer themselves by means of internal institutions and procedures.
Autonomie locali [Autonomous Local Bodies]: local bodies that the State recognizes as autonomous authorities; they have the right and the effective ability to regulate and to administer — within the bounds of the Law and on their own responsibility — a significant part of public affairs. Avvocatura dello Stato [State Attorney-General Office]: auxiliary organ with general competencies that the State Administration institutionally entrusted of the representation and the defense in judgment involving ordinary, administrative and special jurisdiction, arbitration colleges and constitutional jurisdictions.
Bicameralismo perfetto [Pure Bicameralism]: in a twin House parliamentary system both Houses have identical powers and functions. Bollettino Ufficiale [Official Bulletin]: a periodical issue edited by Public Bodies and Administrations which publishes internal regulations and, more in general, the laws and rules regulating the administrative sectors within the competencies of the Body that publishes the Bulletin. Burocrazia [Bureaucracy]: complex of offices and personnel that apply the regulations drawn up by the organs of the Public Administration.
Catasto [Land Register]: general list of all property land or real estate that determines the consistency and the income of property through its description, measurement and estimation. Coalizione di Governo [Government Coalition]: coalition of Parties that, taken together an absolute majority in Parliament, provides the parliamentary basis for the Government.
It pursues a coordinated and common political line with respect to the political Parties that it comprehends. Codice [Code]: systematic and organized set of laws relating to the same subject or sector for example: Civil Code, Penal Code, etc. Codificazione [Codification]: ordered and coherent system of norms and regulations in a particular field.
It is made up of the representatives of Local and Regional Councils and it is nominated on the basis of proposals from the respective Member-States. Comitato Regionale di Controllo [CO. Commissione europea [European Commission]: executive organ of the European Union that implements Community acts and treaties.
Comune [Commune]: territorially defined public body headed by a Mayor elected directly by the citizens. Conferenza permanente tra Stato e Regioni [Permanent Conference between State and Regions]: corporate Body that has an information, consultation and coordinating role with respect to general policies barring foreign policy, justice and national security. They have an administrative character, that is compulsorily determined by Law and they are competent for all magistrates of the District.
Consiglio comunale [Communal Council]: highest institutional organ of the Commune. The Communal Council represents the local community by which it is directly elected. It has duties of policy and of political-administrative control. Its presidency is assigned on a six-month in rotation to each Member-State of the European Union.
Consiglio di gabinetto [Cabinet Council]: organ that assists the Prime Minister and the Vice-Prime Minister in their political activity, notwithstanding the powers of the Council of Ministers. Consiglio Nazionale delle Ricerche [C. CNR has the legal status of a public organization, and defines for itself autonomous rules and regulations, in accordance with the existing laws and the Civil Code.
Consiglio notarile [Notarial Council]: established in each Notarial District, it has a watch role on the notarial profession and on the conduct of notaries registered in the District. Consiglio provinciale [Provincial Council]: representative collegial organ that has a guiding and political-administrative inspection role in the context of the Province. Consiglio regionale [Regional Council]: the highest deliberative and representative organ of the Region.
It has normative and administrative competencies as well as organizational, financial and book-keeping autonomy. Consiglio di sicurezza [Security Council]: it is the most important organ of the United Nations Organization and has a fundamental task in the maintenance of international peace and security. Consiglio di Stato [Council of State]: an organ that has a jurisdictional and consultative function in the administrative sphere. As a jurisdictional organ, it is competent to re-examine on second level the judgments pronounced by the Regional Administrative Tribunals TAR.
Consiglio Superiore della Magistratura [C. It is a self-governing body of the Magistracy. It issues orders for the appointment, assignment, transfer and promotion of magistrates judges and public prosecutors together with having responsibility for disciplinary judgements.
Consuetudine [Custom]: source of Law that consists of a behavior, conforming to the Law, which is kept in a constant and uniform way by the citizens. It is a primary level source in the hierarchy of norms of the international legal system. Consultazione popolare [Popular Consultation]: system of inquiry: opinion poll, through which the attitude of citizens with respect to political-administrative orientations is verified.
Corte Costituzionale [Constitutional Court]: body set up by the Italian Constitution to carry out the following functions: to adjudicate on the constitutionality of laws deciding whether they comply with the provisions of the Constitution ; to adjudicate on conflicts between State Powers legislative, administrative, judicial , between the State and Regions or between different Regions; to adjudicate on the admissibility of repealing referendums; to adjudicate, in cases provided for under the law, on criminal charges brought against the President of the Italian Republic.
The Court is made up of fifteen judges holding office for nine years. It is made up of three judges. It has territorial jurisdiction within its own District, generally corresponding to a Region. The Court is normally located in the Region capital. In carrying out their functions, the jurors have equal status to the Court judges: their votes count for the same as those of the judges when the Court reaches a sentence. It is responsible for checking the legitimacy of the activities of the Government and of the Public Administration.
It is also responsible for checking the management of the accounts of the State, of the Public Administrations generally and of the bodies subsidized by the State. It also has a judicial function in the field of public accounting and in relation to pensions of State officials.
When dealing with matters of particular significance it sits in United Sessions. The Court of Accounts also has a consultative function when asked to give opinions on specific matters and a referral role when it is called upon to report directly to the Houses of Parliament on the results of the checks it has carried out. Questions relating to conflicts of jurisdiction, competence and powers within the Magistracy are also referred to it for adjudication.
It hears appeals both in civil and criminal matters against decisions reached by lower Courts but only on points of law assessment of legitimacy. It is thus concerned to ensure that the Court dealing with the merits of the case has correctly applied and interpreted the law in reaching its decision. It is a collegial body dealing with ordinary jurisdiction. In cases of particular importance, it sits in United Sessions. Its offices are in Rome and it has jurisdiction over the whole territory of the Italian Republic.
The Court has the power to settle legal disputes between Member-States, European Union Institutions, businesses and individuals. It can be appealed to for violations of rights and liberties guaranteed by the Convention. In accordance to the Statute it is an organ of the United Nations. It is made up of fifteen judges of various nationalities who are elected on the basis of their competencies and moral standing. Costituzione [Constitution]: fundamental law of the Republic that sanctions the fundamental principles, the duties and rights of citizens.
It also regulates the State organization. Decreto-legge [D. Decrees law can be converted to laws by Parliament. Decreto legislativo [D. Decreto ministeriale [D. Decreto del Presidente della Repubblica [D. Its scope is to serve the public interest and, as such, it is subject to different rules than those that govern private property. This kind of property is, in fact, inalienable and from it cannot accrue any right to a third part. Democrazia diretta [Istituti di, Institutions of Direct Democracy]: Institutions provided by the Constitution through which the people, in whom sovereignty rests, directly exercises its powers.
These institutions are: popular initiative of bills and laws, right of petition and the popular referendum. Deputati [Members of Parliament]: members of Parliament elected by direct universal suffrage, some by means of majority voting system and others by means of proportional representation system.
All citizens over twenty five years can be elected as long as they are not in a state of ineligibility as set out by Law. Their mandate lasts for five years, which is for the whole legislature. Deregulation : progressive suppression of norms issued by public authority that regulate, in particular, economic activity. In practice this means the abolition of controls having social objectives that limit the free initiative of entrepreneurs. Direttiva comunitaria [Community Directive]: in European Community Law a directive is a legislative instrument that is binding on the Member-States to which it is addressed as regards the result to be obtained, but leaves them free to determine the form and methods.
Directives may be adopted under the European Community Treaty either by the European Parliament and the Council or by the Council or by the Commission. Once adopted, Community Directives still have to be transposed by each of the Member-States, that is to say they must be implemented by national Law.
Diritto amministrativo [Administrative Law]: branch of the Law that regulates, within the bounds of the Constitution and of the Law, the administrative activity of the State in all its facets. It is concerned with the organization, property, means, forms and the safeguarding of the activity of the Public Administration. Diritto costituzionale [Constitutional Law]: the fundamental principles and regulations of the State, citizens and all other community parties. Diritto internazionale [International Law]: set of rules on which States regulate their political, economic and social relationships.
Amongst International Law sources, international Treaties are of particular importance. Diritto pubblico [Public Law]: set of regulations that govern the formation, the organization and the activity of the State and Public Bodies, as well as their relations with private parties in cases in which the State or Public Bodies are in a position of superiority that derives from the fact that the latter are acting as public authorities. There are two types: the first is concerned with Law sources; the second sets norms in relation to Law application criteria binding effect, effects over time, interpretation of Law, and treatment of foreigners.
Disposizioni transitorie e finali della Costituzione [Transitional and Final Provisions of the Constitution]: provisions, marked by Roman numbers, which contain norms that have the same formal value as the Constitution. The majority of these are aimed at regulating and guaranteeing, by means of transitional norms, the correct establishment of the new constitutional regime. Elettorato [Electorate]: the exercise of a public power attributed to all the electors expected to vote.
Belonging to the electorate is documented and attained through being registered in the electoral register. Elezioni [Elections]: popular consultation through which the citizens, with the exercise of their right to vote, choose their representatives in the various institutional organizations e.
Enti locali [Local Bodies]: public bodies that operate in a restricted territorial area for matters that are of strictly local interest; in order to carry out this task they are, at various levels, politically and legally autonomous. Enti pubblici [Public Bodies]: legal persons through which the Public Administration carries out its administrative activity.
Fonti del diritto [Sources of the Law]: each of the various types of facts or acts that, in the context of a given legal system, can give rise to, can modify or cancel legal norms. Forma di governo [Form of Government]: the way in which the political power of a State is organized and managed. In particular, in relation to the way in which executive and legislative power is divided, the form of government can be parliamentary or presidential.
Funzione pubblica Dipartimento della [Public Administration Department for ]: activity carried out in the interest not only of the party exercising that power but of the community as a whole. All the functions of the State are included in this notion legislative activity, jurisdiction and administration. Gazzetta Ufficiale [G. As well as normative acts, the Official Gazette publishes all acts of public interest and the notifications and insertions that must be compulsorily announced.
Gerarchia delle fonti del diritto [Hierarchy of Sources of the Law]: way of distinguishing different Law sources according to their importance. The most important source in Italian legal system is the Constitution. Giunta comunale [Communal Board]: government organ of the Commune.
It carries out proposal and orientation activities with regards to the Communal Council. It collaborates with the Mayor in the administration of the Commune and operates through collegial deliberations fulfilling the acts that are not exclusive to Communal Council or that do not fall within the competencies, in accordance with the laws or the Statute, of the Mayor or other organs of decentralized authority. Giunta provinciale [Provincial Board]: executive organ of the Province.
Its competencies include general active administration for all matters that are not attributed to other provincial organs. Giunta regionale [Regional Board]: executive organ of the Region. It has general administrative competence and the power to issue circulars and to regulate its working through specific internal regulations. Also, it has the task of enacting the political program drawn up by the Council. It can promote bills and laws and can impugn the constitutionality of State or other Regions laws that impinge on its competence.
Giurisdizione [Jurisdiction]: it is one of the three typical modes by which the sovereignty of the State is enacted. Giustizia amministrativa [Administrative Justice]: the complex of institutions that are predisposed for the defense of the citizens or of public or private organizations with respect to the Public Administration. Governo [Government]: complex body to which the exercise of the executive power of the State is principally attributed. It consists of a Prime Minister and Ministers, who together make up the Cabinet.
The President of the Republic nominates the Prime Minister and, on the suggestion of the latter, the Ministers. The Government also has certain normative powers that are exercised through the enactment of decree laws, legislative decrees and regulations. Guardasigilli [Keeper of the Seals]: he is the Minister of Justice who, by tradition, is the custodian of the State Seal and in this role countersigns laws and decrees in order to their publication.
A bill is drafted in paragraphs and articles and is presented to one of the Houses where it is debated. Interrogazione [Parliamentary Question]: political inspection act consisting of a written question made by a Member of Parliament usually of the Opposition to the Government or to a Minister on a particular situation in order to be granted information or explanations with regard to a particular issue or the provisions that have been made or will be made in its regard.
Set up in , it is under the control of the Ministry of Treasury, the budget and the financial planning. It has the task of exercising graphic arts in the interest of the State, the management of publications and of the State Stationery Office. It publishes the Official Gazette of the Republic and distributes public databases.
To its original tasks, others — such as minting, the creation of official seals, and, on the authorization of the Treasury, minting for foreign States — have been added. It contains about forty databases of legal electronic documents regarding legislation, jurisprudence, legal authority and bibliographies.
The ItalgiureWeb querying system is currently available on the Web and is freely accessible only to normal magistrates. Iter legislativo [Legislative Iter : expression commonly used to indicate the course that a bill or any other text presented to Parliament must follow before arriving at a definitive vote. Lavori parlamentari [Parliamentary Works]: activities carried out by Parliamentary Assemblies, Boards, Groups and Committees, as well as by other bodies in accordance with Parliamentary Houses regulations, adopted to ensure the proper functioning of Parliament itself.
Lavori preparatori [Preparatory Works]: activities that precede the approval of legislative acts. These include the illustration of bills and their debating in Assembly. Legge costituzionale e Legge di revisione costituzionale [Constitutional Laws and Constitutional Revising Laws]: Law sources of a constitutional nature that are added to the text of the Constitutional Charter and that, differently from ordinary laws, must be passed by Parliament with specific procedures that are set out in the Constitution itself.
Legge delega [Delegated Law]: it is a provision that defines the subject and the principles that the Government must keep to in enacting a specific legislative decree. Legge regionale [Regional Law]: it is a provision approved by the Regional Council, enacted by the Regional President and published in the Official Gazette. Maggioranza di governo [Government Majority]: coalition of Parties that has obtained the majority of seats in Parliament and that supports the Government.
See, also authors cited on note l. Then, local leg- islation was enacted in the written form of Brevia 3 and of provi- siones, consulta, postae, ordinamenta, decreta, bandum, crida, carta ban- norum, etc. From the second half of the twelfth century the enactement of Statuta was greatly increased and at the beginning of the thirteenth century almost each town had its own law such as Benevento in , Treviso in , Verona in , Padua in , Vercelli in , Bologna in , Parma in , Siena in , Novara in , Fer- rara in , Pistoia in and Milan in The Statuta enacted by the Italian maritime Republics were ex- tremely important too, especially the legislation issued by Pisa in and with the Breve curia maris, a consolidation restating all rules relating to maritime matters.
At the end of the thirtheenth century in Amalfi a restatement of customs was draught and rules named Capitula et ordinationes Cu- riae marittimae nobilis civitatis Amalphae, while in the statuta of Ragusa were issued and in , in Trani, the Ordinamenta et con- suetudo maris edita per consules civitatis Trani were enacted. It is interesting to remark that all these restatements of maritime customs and statutes will be the ground of the Consulat del mar en- acted in Barcelona in which in the fiftheenth century became 3 The Breve, may be regarded as an intermediate form between the statutum and the custom.
It arises from the practice of drawing up a written report of the oath of each citizen or official or judge. The oldest were the Breve consulum of Ge- noa A. Other examples were the iuramentum compagnarum of the citi- zens of Genoa , the iuramentum sequendi or cittadinus of Siena and Pisa In the meantime the monarchies, especially in southern Italy, were also enacting legislation.
Indeed, starting from the second half of the thirteenth century, when the work of Accursius was completed, the jurists of his school were involved not only in the analysis of Roman texts but also in the study of statutory and local law 5. The jus commune of Europe claimed to be supe- rior to, and not derogable by, statutory law. This view, firmly held in theory, fai- led in practice. In other words they dropped the literal interpretation of law, try- ing to set up the structure of the legal system as an analytic one.
In so doing they justified customs and local statutes construing Roman law in such a way that it was heavily modified, disfigured and dilated. Furthermore the Commentators developed their roles as judi- cial consultants, solving disputes and setting a case law with a pro- gressive refinement of these concepts and their logical instruments. This methodology will be known as Usus moder- nus Pandectarum.
Nevertheless legal scholarship very soon became both rigid and pedantic. Andrea Alciato, following in the foot- steps of Angelo Poliziano , Lorenzo Valla , Pomponio Leto  and Lodovico Bolognesi  tried to obtain an historical scientific knowledge of Roman law, recon- struing the classical texts, freeing them from all the interpolations and glosses added by Glossators and Commentators in the course of centuries.
Sci- pione Gentili , Lelio Torelli  were the most in- fluenced among the Italian jurists. As a consequence of the persecution against the Huguenots, the school of Culted Men moved from France to Holland where it influenced in a massive way the school of Humanists which emphasised university studies and teaching shifting back to the scientific analysis of the Justinian texts, and developed histori- 11 G.
They thought Roman law as a histor- ical and no longer existing body of rules being not possible to ap- ply it in a modern society with new and peculiar exigencies. They purpoted to construe a new social order, reliying upon the natural rights of individua1s, asserting that law proceeds from human will On these grounds, during the French revolution, the idea of a fair law arising from reason 18 will grow opening the way to codi- fication.
He can only administrate and organize justice It must be emphasized that from this conception of natural law arose the opposite conception of positive law: the king or central authority has the power to legislate, i. As a consequence only legislation, i. From the sixteenth century onwards the production of new pieces of legislation began to increase reaching a high point between the second half of the seventeenth century and the first half of the eigh- teenth century with the enactment, in France, of a great number of ordonnances ending with a legislative unification of normative precedents e.
In Italy, as a consequence of the fragmentation of the peninsula, each of the numerous states had its own legal system, took place a great movement of economic, administrative and juridical reforms based on the ideas of the Enlightenment.
Sabini [in ], Pompeo Neri [in , Pasquale Cirillo [in ], Michele de Jorio [in ] were some of the most influential jurists which helped to accomplish the first Italian consolidations, while Cesare Beccaria, in , with his book Dei Delitti e delle Pene contributed to a restatement of criminal laws, the indictment of tor- ture and the death penalty, and G.
Filangieri with his La scienza del- la legislazione claimed ardently for reforms denouncing the abuses of his time These pieces of new legislation must only be regarded as preludes to codification. Indeed, between the end of the eighteenth century and the be- ginning of the nineteenth century the summing up of all these el- ements, firstly the intellectual demand for the definition and sta- bilisation of the law and the enormous bulk of legislative produc- tion, yielded the codification of legal systems.
The Code Napoleon represents a new legal system which will sup- plant the old. A formal rupture with the jus commune took place; the jus com- mune could no longer be considered a general residual law, while the code was regarded as representative of a complete, self-suffi- cient and systematic legal order containing no lacunae.
As a consequence the Code prevented the judges from resorting to any source of law other than legislation or from resorting to eq- uity or customs in cases of legislative silence, obscurity or insuffi- ciency 7. Nevertheless the judge had to give a exclusively legisla- tive solution in each submitted case, according to the intent of the legislator, the will of whom was considered as the one and only source of law. The code is the law, i. The French exegesis school of the nineteenth century drew up the principle of completeness of the legal system, and consistently affirmed that all law takes the form of legislation, which represent the will of the State.
Italy, notwithstanding the attempt of the Restoration Regime to preserve some of previous rigths of the old legal system, followed the French example and enacted its own codes. It cannot be denied that the Napoleonic Code was based upon ideological and social principles in complete contrast to those dom- inant in the preceding era — the idea of equality in contrast with the hierarchichal structure of the Feudal Age; the concept of private property in contrast to Feudal conception of property as a manifes- tation of political domination, etc.
Nevertheless, no one would de- ny that national codifications, even that of Napoleon, maintained very evident connections with the past. They were nothing more than a natural evolution, prompted by the rise of new social and eco- nomic ideals, of legal institutions and concepts inherited from the preceding era, so that in the national codes there always remained the community which was at the root of the European Jus commune Only by keeping in mind all this and the historical continuity of Italian-law, can we understand all subsequent developments of this system, affected by French thought only till the advent of the His- torical School, Pandectists and Positivists.
Savigny, the leader and founder of the Historical School reacted, in his works 1 against the unhistorical assumptions of natural law theorists assert- ing the need for a more realistic investigation into historical truths. It was his thesis that the nature of any particular system of law was a reflection of the spirit of the people who evolved it, all law being the manifestation of common consciousness der Volkgeist. As a consequence law can only be understood by reconstruing its history.
Historical researches were therefore the indispensable means to the understanding and reform of the present. These essential features of the law can then be individually studied, or studied in relation to other such principles, and eventually systematically restated. This, in turn, would provide the construction of a system of interlock- ing concepts the reseatch and the correlation of which would lead to the solution of every legal question, according to the needs of the German people 4.
From this starting point in the middle of the nineteenth century the German Pandectist school developed through the works of G. According to this school every legal system is a close and com- plete system of institutes, concepts, principles and rules: there is no room for gaps only legislative gaps are, in any case, conceiv- able the system beeing capable of filling it by means of its logical structure based upon the reality of concepts and dogmas.
Every- one knows about the influence exerted on the Italian doctrine at the turn of the century by the elaboration of the pandettistica 7. As a consequence the structure of the law system proceeds through different and descending levels of abstraction, moving from the 7 R.
The aim of the scientific study of law is the disclosure of the components of the structure itself and their relationship. The analysis of the existing legal norms is the first step in con- struing general legal concepts. Some interest in law and sociology was developed starting from the second half of the nineteenth century e.
See: G. See: S. Frammenti di un dizionario giuridico, Milano, VI, pp. Indeed, it must be kept in mind that the school of exegesis strongly dominated Italian legal life during a period of twenty years after the first unitary codification of from France, with the architecture and the ideological contents of Code Napoleon, it reached Italy both in the method and the style of the authors. The rule was analysed and construed in a very sharp and narrow way, while ex- plained by a lot of practical examples and by a large exposition of judicial precedents.
The civil law system was thought as plainly coincident with the one of the civil code 3. An interesting corollary is the assertion of the binding force of legislative definitions to jurists; as a consequence any of them can modify, improve or replace such a definition, even if more sharp and correct, with another one 6. Pacifici-Mazzoni e lo studio del diritto civile in Italia, in Atti della R. On the exegetic methodology see: M. Bensa, Milano, , p. IRTI, Scuole e figure In a first reaction against the exegesists methodology took place.
The highest reproduction of this organ- ism is the system [ The prevalent methodology regarding the system is the dogmatic construction [ The positive study of law rests upon philos- ophy which supplies universal and everlasting categories to the jurist. Accordingly, in reconstruing the system, speculation prevails on the historical element. In E. Gianturco, E. Cimbali, G. Brini and others strongly re- acted against the method of exegesis.
According to Gianturco, Italian legal authors, having secluded themselves from the international scientific community, should re- fuse and avoid any servile imitation of French models. A way that should be followed only by a reform of methodology in order to replace the deadening and dull exegesis with the bold, daring, free construction of the legal system.
But it will be the need for a new relation- ship now aimed at the specification of a normative system which will go very far from the letter of the law, through explanation, con- 9 N. IRTI, Scuole e figure del diritto civile, cit. Chioven- da, P. Calamandrei and E. See: B. II, pp. In F. See: P. Estinzione dalle obbligazioni, Lanciano, ; ID.
BRUGI ed. I, Intro- duzione e parte generale. Diritto delle persone. Diritti reali e possesso, Napoli, , Vol. II, Diritti di obbligazione. Diritti di famiglia. Diritto ereditario, Napoli, ; ID. MAROI ed. I, Negozi fiduciari, Vol. II, Contributo alla dottrina della confessione, Vol.
III, Scritti di diritto del lavoro, Voll. As a consequence the general theory of law becomes of the great- est importance becoming common knowledge for all jurists. To reach this result the jurist must use his own ability in juridi- cal analysis, logical concentration and construction of norms in or- der to make a synthesis of the whole positive material. Juridical concepts are not invariable but precarious and change- able since they are simple means of making easier the understand- ing of an historical system.
The general theory of law is the theory of a system in time and space limited, neverthless neither firm nor absolute but in continuous, steady evolution. Another group of legal scholars leaded by M. Allara, S. Pugliat- ti and their disciples or neosistematici asserted, from onwards, the need for a preventive checking of conceptual elaborations re- 14 F.
See: F. V and pp. In the same year C. Vivante and M. See, also: M. La vendita, Torino, ; ID. CICU, F. XIV, t. See also: C. X, tomo I, fasc. II, Torino, Because [ This was a conception of the law opposite to A. In such a conception of the law there is not any room for an in- ternal distinction between commercial and civil law, or private and public law. Other very interesting old works on commercial law were: U. See too: A. The jurist, like a botanist, may only find out but not create what already is present in na- ture, he may only find out the juridical concepts that are still be- hind the rules.
Two are the instruments of the general theory: the abstraction and the comparative method. Following this way legal science became positive and mystic: positive because as arose from the analythic field of exegesis. III: Ottocento e novecento, Bologna, , p. Furthermore in the Italian Civil Code art. In so doing, the Italian com- pilers had the advantage of the post-Napoleonic codifications, par- ticularly the German Civil Code and the Swiss Code.
VII, p. And Comp. De Rug- giero, G. Messina, L. Barassi, F. Vassalli, A. Cicu, G. CI- CU, F. IV; ID. Relating to G. See also: V. Nevertheless it is also true that the Code is, in some ways, also the result of the influence exerted by German legal thought and particularly by dogmatism and legal positivism: an assumed visible influence on the general provisions on contracts articles 14, conceived not so much as a general theory of con- 12 M.
In spite of the legislative decree of November 23, no. These were, for the most part, officially recognized collective bargaining agreements It was clear that to deprive these agree- ments of such effect would result in economic chaos, since they were an inte- gral part of the economic structure of Italy. Hence article 1 or the Provisions on the Law in General, listing corporative norms as a source of law, was left stan- ding.
As a consequence, the old Commercial code was repealed in and its content included in the new Civil Code enacted the same year. Eventually, the new code was not repealed, but there was room for a strong reaction against the absoluteness of its dogmatic approach. So, while in F. Jemolo 4 objected against the gener- al theory by asserting that legal concepts, when expressed in general 1 R.
See also: F. Scienze di Torino, , II, p. According to Jemolo it was misleading to think of the law as an harmonic and perfect system ruled by a logical and formal order, since the legislator has never been obliged to comply with the pre- vious system but has only been concerned with actual practical ends. Thus, it is possible to create le- gal concepts only on the basis of positive i. This polemic view dates back to , when S.
According to Pugliatti there were no absolute legal concepts at all. From another point of view, P. Calamandrei and G. Furthermore Calogero as- serted the duty, imposed upon each lawyer or jurist, to modify a certain legal order if his moral conception asks him to do so The fundamental tenet of Gorla is the assertion that legal con- cepts, not yet existing in rerum natura, are only a pale reflection of historical facts. As a consequence, it is misleading to think of pos- 12 S.
Jemolo in An cora sui concetti giuridici, cit. Accordingly, those concepts are only formally variable schemes or normative contents. According to Gorla, construing and applying the law is a quite different activity from the scientific study of law. The one who has to construe or apply the law interprete is looking for new devel- opments or a legislative concept, while the scientist is framing or is trying to frame a certain legislative concept or rule in a model or standard abstractly conceived: he is the one who has to system- atise the law, to extract and expound principles Gorla, Cappelletti and Sacco were the leaders and the founders of modern school of Italian comparatists.
In this background, in G. Stolfi published Teoria del negozio giuridico — perhaps the last work plainly based on liberalism — the protagonist of which was man and his freedom See also: N. Some more works by Stolfi are: G. Stolfi, following tradition, analysed positive law rejecting all those data which appeared to be narrowly drawn by statual su- premacy over the individual.
This polemic which will dominate the doctrinal debate in Italy for a period of about twenty years was going to lead to the asser- tion of the need for a statual intervention to limit private autono- my in reaching social ends 30, stressing the relevance of new con- stitutional provisions especially the ones relating to ownership and labour and giving rise to the increase of special legislation.
In the meantime, the work of legal scholars was continued in all Italian Universities — by, for instance M. Rotondi and E. See also: A. Vivante, Roma, ; Sulle nuove posizioni del diritto commerciale, in Riv.
See: A. I, Premesse e disposizioni preliminari, Torino, , p. See of M. See F. Messineo is the editor, with A. According to P. Barcellona 38, the Italian Constitution, while as- serting the fundamental rights of the individual, on the other hand introduced a system of social rights and statual intervention into the law.
Next to social rights there is the principle of State intervention in economic fields, i. For a biographical sketch of Calamandrei see M. See also: E. II, p. In the meantime, R. Sacco 46 argued that the words of a norm have not a real and objective meaning or one that arises from its tazione del diritto, cit. Parte generale, Tori- no, ; Possesso. Denuncia di nuova opera e di danno temuto, in Trattato di diritto civile, G. III, f.
VI, t. Magni and F. See by this au- thor: Studi di diritto civile, Roma, ; Studi di diritto processuale, Padova, ; Metodologia del diritto, Padova, ; Teoria generale del diritto, Roma, ; Istitu- zioni del nuovo processo italiano, Roma, ; Discorsi intorno al diritto, Padova, ; Diritto e processo, in Trattato del processo civile, F.
Carnelutti , in Riv. The general principles, set in the Constitution [ One of the modern aspects of the Italian legal system is [ Indeed the Constitution [ Here, he comes across the needs of regional autonomy and of decentralizated administration, and there, the reaffirmation, by way of old organs still in force, of a traditionally centralized sys- tem.
Thanks to evolutive interpretation, analogy and general principles, judges 55 M. As already pointed out, Calamandrei, by rejecting the questioned distinction between programmatic norms, i. Ascarelli 72, S. Pugliatti 73 and M. By refusing old traditional ideas and notions, Authors like M. Allara 77, S. Romano 78 and A. XII, Milano, , p. See S. See also: D. Some clear examples were the works of R. Scognamiglio on the law of contract and of G. Ferri on the concept of «causa» 1, A.
Cataudella on the content of contract 2, A. Di Majo on the perform- ance of contract 3, L. Mengoni — who asserted that the State should rule on economy, in order to realize a real economic democracy and not a formal one — and P. Barcellona on private autonomy and State intervention 4, Mario Bessone on the discharge by performance and the allocation of the risks of contract 5, and the work of S. Rodota 6 on the inference of unexpressed terms. IV, Milano, with an exaustive list of references.
Asqui- ni, III, Padova, In the same years, P. Sacco, U. Natoli, M. Costantino, P. Perlingieri 10, among the others, and again S. Gorla, not only by outlining the formal relevance of judge- ments 15 but also by applying case law methodology in his stud- ies 16, by revaluing the concreteness of a fact instead of the ab- 12 P. Introduzione, in Quad. Foro it. This revaluation of the factual profile firstly led to think of the positive rule as a paradigm, as a starting point for further devel- opments in accordance with social values, historical background, political and economic needs of the community and, finally, for the same interpreter.
I - Scienza giuridica e analisi- si marxista; vol. II - Ortodossia giuridica e analisi marxista , Bari, Di Majo 26 and F. In this perspective we should frame the suppletive function of the jurists and, in a special way, of the judges who are asked to fill in the lack of the statutory law.
The Corte Costituzionale and the ju- diciary, indeed, in the years between and operated in a massive way, influencing most important change and improve- ment of statutes thank to its, sometimes, courageous interpreta- tions of the positive rules of law.
Thus, it is plainly evident in matters related to family law — es- pecially in the discrimination between spouses 32, the protection of an illegitimate child 33 — sex discrimination 34 and labour law Thus, M. Bianca, F. Busnelli, P. Perlingieri and P. Schlesinger among the others contributed to construing a law of the human 31 P. But see: N. Corte Cost. The following references are merely illustrative see note 1 : C. I e III della L. La famiglia di fatto, in Atti conv.
Alpa, M. Barcellona, U. Carnevali, F. See note 1 and the following merely illustrative references: G. I, Orientamenti e tecniche della giurisprudenza, Milano, ; ID. ALPA and M. I, Oggetti, si- tuazioni soggettive, conformazione di diritti, Vol. II; Storia, funzione sociale, pubblici interventi, Padova, , Vol.
ALPA, M. A consequence of this overproduction of statutes, that sometimes appear inconsistent with the system of the civil code, was the need for studies related to each single rule, each particular problem aris- ing from the living appliance of statutory provisions. Accordingly there are two possible developments. Two more interesting works with references and different emphasis and point of view on this problem are: L.
The last one work firstly refers to the work of G. PIGA, Tramonto del codice civile? Le esperienze italiana e inglese a confronto, Mi- lano, , p. The mono-system of law, by reproducing the general interests and needs of society is changing into a poly-system of laws repro- 41 N. In this perspective we should frame the publication of a series of commentaries to the civil code like the one by G. Cian and A. Trabucchi 47 or the others, more articulated, edited by P. Rescigno, P.
Schlesinger, P. CIAN, A. Commentario, Milano, ; P. Certainly contemporary Italian society is passing through a peri- od of transition full of conflicts aimed at reaching a new social and political settlement, more adequate to the needs of a mature econo- my operating in a European and international context; but this is not a negative crisis, it is a positive symptom of new change and future developments, which Italian legal doctrine must face up to.
Thus, as pointed out by G. Passing through this rediscovery of private autonomy and self- regulation, contemporary Italian legal thought, especially if it is open, by means of comparative methodology, to foreign sugges- tions and it is plainly conscious of its European dimension, as out- lined by G.
Criscuoli and R. See also: G. Le fonti, Milano, Italy contemporary political, institutional, economical and moral weakening seems to keep pace with the failure of younger re- searchers to forsake old fields of study and look for new arguments nearest to the real needs of population. Or, maybe, it is more cor- rect to say that the influence of young legal Authors on the insti- tutions and the system is nowadays practically useless. Atti del Convegno.
Paler- mo, luglio , Milano, There are many fac- tors that have resulted in the current situation and, often, in the opinions of commentators the analysis of the problems is clear. Unfortunately, what it is not clear is the possible solution if any of the problem.
Analisi e critica della governance come teo- ria, Roma,
By Elio Fameli and Francesco Fameli.
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