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The volume offers both a general overview and selected details of
Italian private law and its transition from early 20th century
legal tradition to a modern legal system based on constitutional
values and geared towards European integration. Among the areas
presented are family law, succession, legal persons, businesses and
companies, property, contract, and tort. The volume takes into
account not only the legislative system, starting from the 1942
Civil Code and highlighting the many and significant changes that
have been made in the past six decades, but also the profound
influence of case-law and legal scholarship. The authors emphasise
the eclectic but systematically solid foundations of Italian
private law, which has been able to blend successfully the best of
the diverse continental legal traditions and adapt itself to the
ever growing pressure of EU legislation. The volume is addressed to
legal scholars, practitioners and students who wish to gain first
hand knowledge of Italian private law in their research,
professional or academic activity.
Italian Private Law provides an excellent overview and analysis of
Italian private law and its transition from the early twentieth
century legal tradition to a system based on constitutional values,
geared towards European integration. Exploring the eclectic yet
systematically solid foundations of Italian private law, which has
adapted itself to the ever growing pressure of EU legislation, Alpa
and Zenovich look at the legislative system as well as the profound
influence of case-law and legal scholarship. It examines: family
law succession legal persons businesses and companies property law
contract law tort law. This volume is a key resource for legal
scholars, practitioners and students who want to gain a deeper
knowledge of Italian private law in their research, professional or
academic activity.
Das Buch stellt in umfassender Weise die derzeitige Stellung des
Privatrechts in Europa sowie die neuen Entwicklungen im Zuge der
europ ischen Vereinheitlichung vor. Geschrieben von zwei
herausragenden europ ischen Wissenschaftlern, bietet es mehr als
nur ein Handbuch zum europ ischen Privatrecht. Es f hrt Leser ausf
hrlich in die geistes- und kulturhistorischen Hintergr nde sowie in
die Rechtstheorie der gegenw rtigen Privatrechtsvereinheitlichung
und Modernisierung der rechtlichen Grundlagen des europ ischen
Wirtschaftsverkehrs ein.
Cross-border claims for personal injuries are becoming more common.
Furthermore, European nationals increasingly join class actions in
the USA. These tendencies have created a need to know more about
the law of damages in Europe and America. Despite the growing
importance of this subject, there is a dearth of material available
to practitioners to assist them in advising their clients as to the
heads of damage recoverable in other countries. This 2005 book aims
to fill that gap by looking at the law in England, Germany and
Italy. It sets out the raw data in the wider context of tort law,
then provides a closer synthesis, largely concerned with
methodological issues, and draws some comparative conclusions.
Cross-border claims for personal injuries are becoming more common.
Furthermore, European nationals increasingly join class actions in
the USA. These tendencies have created a need to know more about
the law of damages in Europe and America. Despite the growing
importance of this subject, there is a dearth of material available
to practitioners to assist them in advising their clients as to the
heads of damage recoverable in other countries. This book aims to
fill that gap by looking at the law in England, Germany and Italy.
The book's introduction sets out the raw data in the wider context
of tort law. The final chapter provides a closer synthesis, largely
concerned with methodological issues, and draws some comparative
conclusions.
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