Suchergebnisse

Self-protection is the power granted to a subject to directly achieve, on an out-of-court level, for his own benefit, a certain effect in the legal sphere of the perpetrator of a harmful conduct. The right to retain the confirmatory deposit, a singular case of out-of-court termination of the contract for non-fulfillment, can be attributed to the category of self-protection, counted among the "withdrawal of self-protection". The study systematically reconstructs the requirements of the case and the protection regime of the figure, in the light of the sources and evolutionary hermeneutics of doctrine and jurisprudence, identifying its complex function and the nature of an alternative remedy.

The link between peace and justice, in the system of sources of Italian law is often expressed through the two antithetic categories, namely the idea of war and the concept of social injustice. In fact, the Constitution sometimes makes a direct reference to peace; other times, recalls the peace in an indirect way, through its opposite, war, that repudiates firmly. In the history of humanity, the issues of social injustice have been contributory causes expressions of dissatisfaction, in the face of existential human rights ignored, injury and lack of respect for the dignity of the person. Therefore, the phenomenon of peace has become more not only a legal but also economic, ethical and social importance. In this perspective, the right to peace and the right to social justice may be included among the essential rights of man, worthy of absolute protection and unconditional.

The technology applied to human has accentuated the protection of common rights, thatenvisage a legal globalization with a human face, it focuses on the process of developing the personand his values. The problem involves not only economic issues, but also cultural, ethical, religiousand political, that often lead to an antinomy between the various fundamental rights guaranteedby the Constitutions.The law, in fact, as an individual expression of ethics and social responsibility, should driveeconomic and technological development in a truly human and inclusive dimension that assumesessential valence. In this perspective, giving that human rights derive from the dignity and worthof the person, it must be concluded that the individual is the central subject of human rights andfundamental freedoms.