Equit E Autonomia Privata
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Equit E Autonomia Privata
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Author : Francesco Gazzoni
language : it
Publisher: Key Editore
Release Date : 2019-02-05
Equit E Autonomia Privata written by Francesco Gazzoni and has been published by Key Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-05 with categories.
La tesi centrale della monografia, pubblicata nel 1970, è che il richiamo all’equità integrativa di cui all’art. 1374 c.c. legittima l’intervento del giudice sul contratto, con un giudizio individualizzante, basato sulle circostanze del caso concreto, alla luce delle direttive costituzionali. Il giudice può pertanto, da un lato, dichiarare la nullità di una singola clausola reputata iniqua, o, ove essa sia essenziale, dell’intero contratto, e dall’altro ricostruire il regolamento, nel rispetto delle disposizioni di legge e dell’interesse perseguito dalle parti. La tesi ha anticipato la giurisprudenza che, a partire dagli anni ‘90, ritiene possibili, in virtù peraltro della clausola di buona fede, quegli stessi interventi.
L Equit Nel Diritto Privato
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Author : Roberto Calvo
language : it
Publisher: Giuffrè Editore
Release Date : 2010
L Equit Nel Diritto Privato written by Roberto Calvo and has been published by Giuffrè Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Esecuzione Forzata E Autonomia Privata
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Author : Luigi Follieri
language : it
Publisher: G Giappichelli Editore
Release Date : 2017-09-20
Esecuzione Forzata E Autonomia Privata written by Luigi Follieri and has been published by G Giappichelli Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-20 with Law categories.
Correttezza Economica E Autonomia Privata
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Author : Francesco Scaglione
language : it
Publisher: ISEG - Ist Studi Econ e Giu
Release Date : 2007
Correttezza Economica E Autonomia Privata written by Francesco Scaglione and has been published by ISEG - Ist Studi Econ e Giu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Equity And Law
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Author : María José Falcón y Tella
language : en
Publisher: BRILL
Release Date : 2008
Equity And Law written by María José Falcón y Tella and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Equity is a multi-faceted subject, an authentic crossroads of problems. The perspective of this study is, as a result, a mix of focuses, which includes: the philosophy of law, general legal theory, justice theory, the history of law, comparative law, legal dogma, etc. In this book, as in various earlier studies of the author, she uses the "three-dimensional" method, which facilitates a stratified focus in agreement with three levels: facts, norms, and values. The subject of equity has never been analysed as completely as in this work. It includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.
L Accollo Del Debito D Imposta
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Author : Franco Paparella
language : it
Publisher: Giuffrè Editore
Release Date : 2008
L Accollo Del Debito D Imposta written by Franco Paparella and has been published by Giuffrè Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Equity In The Civil Law Tradition
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Author : Renato Beneduzi
language : en
Publisher: Springer Nature
Release Date : 2021-07-01
Equity In The Civil Law Tradition written by Renato Beneduzi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-01 with Law categories.
This is a book on “equity in the civil law tradition” from the double perspective of legal history and comparative law. It is intended not only for civil lawyers who want to better understand the role and history of equity in their own legal tradition, but also – and perhaps more saliently – for common lawyers who are curious about why the history of equity has unfolded so differently on the continent of Europe and in Latin America. The author begins with the investigation of the philosophical foundations of the Western notion of equity in the teachings of Plato and Aristotle and of how their ideas affected the works of the great Attic orators (chapter 2). He then addresses the way in which Roman law turned this notion into a legal concept of considerable practical importance (chapter 3) and how it survived the fall of Rome and was later elaborated in the Middle Ages by civilists and canonists (chapter 4). Subsequently, the author analyses how the notion of equity was dealt with in the Modern Era by legal humanists, Protestant and Catholic theologians, scholars of the usus modernus pandectarum and of Roman-Dutch law, and then by legal rationalism and the philosophers of the Enlightenment (chapter 5). He then deals with the history of equity on the continent since the fragmentation of the ius commune and the codifications of the nineteenth century and with its reception in Latin America (chapter 6). Finally, the author offers some closing remarks on the fundamental equivocalness (or relativity, as some scholars put it) of the notion of equity in the civil law tradition today (conclusion).
Greening The Civil Codes Comparative Private Law And Environmental Protection
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Author : Sabrina Lanni
language : en
Publisher: Taylor & Francis
Release Date : 2023-05-12
Greening The Civil Codes Comparative Private Law And Environmental Protection written by Sabrina Lanni and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-12 with Law categories.
This book examines the greening of civil codes from a comparative perspective. It takes into account the increasing requirements of supranational rules, which favour measures to reduce global warming and its negative environmental impacts; it discusses the necessity to expand distributive justice given the current ecological emergency; and it reflects on which private law legal tools potentially may be employed to defend nature’s interests. The work fills a gap in the growing literature on developing rights of nature and ecosystem in transnational law. While the focus is on the environmental issues pertaining to the new civil codes and new projects of civil codes, the book promotes interdisciplinary research applicable to a range of environmental and natural resources–focused courses across the social sciences, especially those related to comparative law systems, legal anthropology, legal traditions in the world, political science and international relations.
Gli Anni Settanta Del Diritto Privato
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Author : Luca Nivarra
language : it
Publisher: Giuffrè Editore
Release Date : 2008
Gli Anni Settanta Del Diritto Privato written by Luca Nivarra and has been published by Giuffrè Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Abuso Di Dipendenza Economica E Contratto Nullo
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Author : Giovanni Di Lorenzo
language : it
Publisher: Wolters Kluwer Italia
Release Date : 2009
Abuso Di Dipendenza Economica E Contratto Nullo written by Giovanni Di Lorenzo and has been published by Wolters Kluwer Italia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.