Suchergebnisse

COVER ; Quartino ; Indice; Premessa; Capitolo I -- I LIMITI DELL'ELOQUENZA; Capitolo II -- LO STILE VENETO; Capitolo III -- I PRECETTI DEL CARDINAL DE LUCA; Capitolo IV -- AVVOCATI E CAUSIDICI A GENOVA; Capitolo V -- L'ELOQUENZA PROMOSSA E PROIBITA: IL CASO LOMBARDO; Capitolo VI -- L'AVVOCATO E IL SUO PUBBLICO NEL REGNO DI NAPOLI; Capitolo VII -- SCRITTORI ALLA SBARRA; Capitolo VIII -- L'ORATORIA NELL'ETÀ DELLA RESTAURAZIONE: L'ITALIA CENTRALE; Epilogo; Bibliografia; Indice dei nomi ; Ultimato di stampare; Volumi pubblicati.

Cover; Quartino; FONDAZIONI DI ORIGINE BANCARIA, ORDINAMENTODEL CREDITO E CRISI ECONOMICA: IL MODELLOITALIANO ALLA PROVA; LE ATTIVITÀ DELLE FONDAZIONI TRA DIRITTOPUBBLICO E DIRITTO PRIVATO; LE FONDAZIONI DI ORIGINE BANCARIA IN AUSTRIATRA PROCESSI DI "PRIVATIZZAZIONE" E PROCESSIDI AGGREGAZIONE; IL SISTEMA DELLE SPARKASSEN IN GERMANIA TRAFRAMMENTAZIONE DEL MERCATO, PROCESSI DI PRIVATIZZAZIONEE FONDAZIONI DI EMANAZIONEBANCARIA; LE CAJAS DE AHORRO QUALI ENTI FONDAZIONALIDEL SISTEMA CREDITIZIO SPAGNOLO.

COVER; quartino; INDICE; Premessa; HANS KELSEN'S GOD AND THE STATE: THE THEORY OF POSITIVE LAW AS METHODOLOGICAL ANARCHISM; "UGUAGLIANZA": QUANTIFICATORE UNIVERSALE?; DWORKIN, COLEMAN E L'IDEA DI "CONVENZIONE"; 'TO RESTORE A COMPLEX UNITY ... RICOEUR WITH AND BEYOND DWORKIN'; LEGAL SHAPES AND EFFECTIVENESS; BIBLIOGRAFIA

The paper is an outline regarding family law in modern China with special reference to women condition in China today.

This paper addresses the principle of law in the interest of law, pursuant to Article 363 of the Italian Code of Civil Procedure which is a clear expression of the nomophylactic function of the Court of Cassation. In Section first, this paper addresses the origins and historical evolution of the principle of law in the interest of the law with particular reference to the Law Decree of February 2nd, 2006, n° 40 through which the legislator has intended to strengthen the nomophylactic function of the Court of Cassation. In Section second, with the aim at pointing out the peculiarities of the art. 363 of the Italian Code of Civil Procedure, this paper addresses the enunciation of the principle of law in the interest of the law and other cases of principles of law stated by the Court of Cassation. The Section third of this paper deals with the general characters and function of the principle of law in the interest of the law. By the Law Decree of February 2nd, 2006, n° 40, the scope of the legality review performed by the Court of Cassation has been broadened. In the Italian legal system, protective measures – lacking the features of decision-making and being final – were not reviewed by the Court of Cassation. The latest widening of the legality review to these acts not covered by the Court of Cassation, pursuant to Article 111 of the Italian Constitution, is a telling aspect of the 2006 reform. In the Section fourth, this paper addresses the procedural rules applicable in case of enunciation of the principle of law in the interest of the law pursuant to art. 363 of the Italian Code of Civil Procedure. Finally, in the Section fifth, this paper addresses a comparative assessment on the principle of law in the interest of the law with particular reference to French and Belgian legal systems.

Filmed from the original held by: Harvard Law School Library. ; "Estratto dal vol. XXXIV degli Atti della reale Accademia di scienze morali e politiche di Napoli"--T.p. verso. ; Includes bibliographical references. ; Mode of access: Internet.

Starting from historical analysis of the knowledge of 'Rechtstaat', the following essay is dedicated to the evolution of domestic juridical system, particularly with reference to the attitude of the Italian courts towards legislation. That's like attending a kind of 'clandestine revolution': case law does not seem anymore submitted to statutory legislation, but statutory rules are neglected and manipulated by judicial order. This is particularly clear in family law; that means that judges make law against legislation by the use of general clauses. This essay outlines the necessity of adherence to positive law as guarantee of certitude and defence against arbitrariness and judicial excess, contrary to the authors who claim that law-making is essential to the jurisdictional role.

Filmed from the original held by: Harvard Law School Library. ; Cover title. ; "Estratto dai rendiconti dell'Accademia di scienze morali e politiche di Napoli, fascicolo aprile a giugno 1903"--T.p. verso. ; Includes bibliographical references. ; Mode of access: Internet.

The European scenario has been characterized lately by a systematical harmonization of contract law. The EU Institutions consider the development of a common European contract law as a strategic priority; it could enhance the viability of the EU internal market by facilitating cross-border trade. The thesis analyses the development of the projects that aim at a uniform European contract law, from the specific perspective of liability for breaking off negotiations. After a comparative analysis of the liability for breaking off negotiations in the main European legal systems and in European case law and legislation, the thesis takes into consideration the solution proposed by the instruments for uniform European contract law: the proposal for a Regulation establishing the "Common European Sales Law" (CESL), the Draft Common Frame of Reference (DCFR), the Principles of European Contract Law (PECL) and the Acquis Principles (ACQP). Attention is paid also to the parallel experience of the international instruments of uniform contract law: the Vienna Convention for international sales law and the Unidroit Principles.

Gives an overview of the various contributions of judicial context in Il Politico, including subtopics of legal themes & the various countries from which writings came & discusses the contributors & writings for subtopics such as philosophy of law & public & constitutional legal studies. 108 References. E. Miller

Il saggio analizza la sentenza della Corte Costituzionale n. 251/2017, che ha dichiarato l'illegittimità costituzionale della legge delega n. 124 del 7 agosto 2015 (c.d. Legge Madia). In particolare il lavoro esamina il cambiamento strutturale subito dalla legislazione delegata, con particolare riferimento al principio di leale collaborazione, ai pareri e agli accordi tra Stato e Regioni, nonché ai decreti Legislativi integrativi e correttivi. ; The purpose of this work is a profound analysis of the Constitutional court's judgement n. 251/2017, which was used to declare the constitutional illegitimacy of the delegation law n. 124 of August 7th, 2015, regarding the reorganization of public matters (so-called Legge Madia). More specifically, the structural change suffered by the delegated legislation will be analyzed, with particular reference to the principle of loyal cooperation, to the agreements and opinion, and also to the Legislative Decrees, both integrative and corrective. However, reference is made to the constitutional case-law and also to the opinion issued by the Council of State.

At the beginning, the research was intended to be developed in two stages. In the first stage I had to analyze the difference between invalid and non-existent case from a general perspective. With this goal in mind, I began this study and research analyzing the most reliable contribution of civil law. The initial approach, profoundly linked to civil law, was, in my opinion, necessary due to two reasons: the first reason is the versatility of the subject that has its roots in civil law; the second reason is the need to highlight the peculiarity of the administrative decision in comparison with the legal transaction, in order to deny the opportunity to fill any regulatory gaps merely through a reference to the categories of private law . In a second stage, I had to analyze the profiles more closely related to protection, or, to better say, to the impact that the distinction between invalidity and non-existence would have determined on the protection of subjective legal claims affected by the measure, invalid and non-existent. However, analyzing in detail the relationship between the two figures , first from a logical – legal point of view , and later from a practical point of view , especially with reference to the recent positive outcome, I realized that the approach initially undertaken regarding the administrative measure, would no longer be effective. Developing my research and approaching the topic from a public law perspective, I realized that the debate was gradually taking different characteristics that didn't allow to face the issues splitting the two perspectives (first addressing them only from a general point of view -or at least limited to the examination of substantial data- and then in terms of protection, therefore with reference to the procedural law). Therefore, I changed my approach and, after a first part of the work intended to clarify the terms of the debate on the advisability of maintaining two distinct categories (invalidity and non-existence), referring both to the period before and after the introduction of the substantive and procedural rules on invalidity, I continued the analysis of the various applications as they came to my attention, prompted by and jointed to the examination of normative data. The result was a work whose appearance and purpose is essentially procedural. For this reason, the substantial aspects, due to the need of conciseness, although of undoubted importance, were addressed only " incidentally ", with the purpose of correctly understand and solve the numerous problems that emerged on the case . Article 31 paragraph 4 c . p . a., in particular, has been examined in detail in its architecture and in its formal structure, especially with reference to the complex regulation of the term and the reasons underlying it . It is in the discipline of the term that we find , in fact , the legislator's attention to the substantial figure , represented by the variety of interests , public as well as private , affected by the invalid measure. The analysis of the provision of the law continued with a comparative approach , with respect to institutions and categories that appear similar to the invalidity. That was in order to highlight the differences with the category of non-existence. Finally, the work provides a broad discussion of the possible forms of protection remedies available against the invalid measure in different areas - not only administrative , but also criminal – affected by the exercise of power.

This paper sketches a historical & analytical framework for the interpretation of the process of European integration. The chosen approach tries to relate the European regional integration to the processes of the formation & consolidation of nation-states. The latter completed the process of European territorial differentiation of the Middle Ages common heritage based on Christian cultural identity, Latin high-language & culture, & Roman public law, Germanic common law, & Church Canon law. European integration is interpreted as a new phase of development of the European system of nation-states characterized by an uneven process of territorial de-differentiation, which generates tensions due to the decoupling of the formerly territorially overlapping principles of identity, solidarity, & legitimized decision rules within the nation-state. 3 Tables, 2 Figures, 29 References. Adapted from the source document.