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Oltre il positivismo giuridico: in onore di Angelo Falzea
In: Cultura giuridica e rapporti civili 1
La gestione di affari altrui: ingerenze altruistiche, ingerenze egoistiche e restituzione del profitto
In: Studi di diritto privato 10
The Contracting Parties' Choice of European Soft Law: Its Validity and Limits
In: in (eds) A Jansen and H Schulte-Nölke, Researches in European Private Law and Beyond. Contributions in Honour of Reiner Schulze's Seventienth Birthday (Baden-Baden 2020) 163-178
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Granular Legal Norms' and the Protection of Vulnerable Consumers in Financial Services Trade
In: Bocconi Legal Studies Research Paper No. 3554644
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Working paper
Book review: Uniform Rules for European Contract Law?A Critical Assessment, by Francisco de Elizalde.(Oxford: Hart Publishing, 2018)
In: Common Market Law Review, Volume 56, Issue 5, p. 1439-1441
ISSN: 0165-0750
La scelta dei Principles of European Contract Law (PECL) come legge applicabile al contratto (The Principles of European Contract Law (PECL) As the Law Chosen by the Parties to Govern Their Contract)
In: Bocconi Legal Studies Research Paper No. 3399704 in corso di pubblicazione su Rivista di diritto civile, 2019, numero n. 3
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Los Principios Latinoamericanos de derecho de los contratos (PLDC) y la ley aplicable al contrato (The Principios Latinoamericanos de Derecho de Los Contratos (Pldc) and the Law Governing Contracts)
In: Bocconi Legal Studies Research Paper No. 3399903, June 2019
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Uniform Rules for European Contract Law? A Critical Assessment, ed. by Francisco de Elizalde (Review)
In: CMLR, 2019, p. 1439ff.
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The New Design of the French Law of Contract and Obligations: An Italian View
In: in The Code Napoléon Rewritten: French Contract Law After the 2016 Reforms, edited by John Cartwright and Simon Whittaker, London, 2017, pp. 339-360
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Die Rolle wissenschaftlicher Entwürfe im europäischen Privatrecht (The Role Played by Scientific Projects of a European Private Law)
In: in Zeitschrift für Europäisches Privatrecht, 2018, pp. 838-861
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Towards a European Law of Unjustified Enrichment
In: Bocconi Legal Studies Research Paper No. 3399731 in Osservatorio del diritto civile e commerciale, 2012, pp. 113-133
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The Rules about Restitution in the Proposal on a Common European Sales Law
In: European Review of Private Law, Volume 19, Issue 6, p. 977-1000
ISSN: 0928-9801
Abstract: Under the point of view of restitution law, the proposal on a Common European Sales Law, Part VII, draws a parallel between terminated and avoided contracts, which is much more convincing that the binary model followed by the Draft Common Frame of Reference (DCFR). It is, however, necessary to make this set of rules consistent with the general principle of unjustified enrichment, which according to European law represents its underpinning. In this article, the author suggests therefore the following corrections: (a) any reference to equity as a ground of restitution, or as a reason to modify or adapt the relevant provisions to the recipient's good faith, should be avoided; Article 177 of the aforesaid proposal should, therefore, be deleted; (b) on the other hand, a general defence of disenrichment in favour of the recipient in good faith should be provided, although only insofar as he has gained a patrimonial surplus by the terminated or avoided contract ( commodum ex negotiatione ); (c) Article 173, paragraph 3 of the proposal on a Common European Sales Law should be more openly referred to the effects of termination of contract, and not to restitution, and should therefore be incorporated in Article 8 of the aforesaid proposal; (d) the restitution rules should also govern the effects of the withdrawal, because treating them separately and differently is neither necessary nor useful; (e) as regards performance of service and digital contents, monetary restitution should be provided in the measure of their objective value, instead of referring to the recipient's saving; (f) when the substitute in kind of the benefit still exists in the recipient's patrimony, he should not be either obliged or allowed to fulfil his restitutionary obligation by paying the monetary value of that substitute; (g) natural and legal fruits of the good should be totally returned by the buyer only if he was in bad faith; (h) if he was in good faith, on the contrary, he should be exonerated, at least for the positive difference of their value with interests on price; (i) the buyer should be liable for the use of the good also when he was in good faith, even though a defence of disenrichment should be then provided in his favour for the positive difference of its value with the legal interests on price; (j) the seller in good faith should be obliged for compensation of expenditure only insofar as it has made the value of the good rise.
The Rules about Restitution in the Proposal on a Common European Sales Law
In: Reprinted from European Review of Private Law, Volume 2011, Issue n. 6, p. 977-1000
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El Derecho Común Medieval Y Moderno. Consideraciones Desde El Derecho Civil (The Ius Commune in the Middle Ages and Today: Reflections from the Civilian Tradition)
In: Revista de Derecho Privado No. 16, 2009, Universidad Externado de Colombia
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