Tradition And Europeanization in Italian Law

by Alpa, Guido

• ISBN13: 9780903067485
• ISBN10: 090306748X
• Format: Hardcover
• Copyright: 2005-10-01
• Publisher: British Institute of International

Summary

Guido Alpas Tradition and Europeanization in Italian Law provides a fascinating insight into the interplay between the different European legal traditions and the process of Europeanization. The book takes the reader on a voyage through the fundamental problems of European law, drawing on Professor Alpa's learning in Italian law, and also in European Union and European Human Rights law.

Table of Contents

The system of sources of law and the methods of interpretation	p. 1
General principles, or how to create rules using written provisions	p. 1
Unjust damage and the role of negligence : historical profile	p. 29
The Italian way to Drittwirkung : constitution and the contractual relationships between private parties	p. 52
Judge-made rules in a codified system : the case of the right of privacy	p. 76
The use of foreign law by judges	p. 97
The use of general clauses : good faith and precontractual liability	p. 111
The impact of EC law	p. 121
Unfair contract terms (ECC directive no 93/13) and the modification of the civil code	p. 121
A comparison with the English and French implementation	p. 125
Conclusion	p. 132
Contract law in a changing society	p. 135
Accordance and unification of contract law	p. 135
Trading on-line and the protection of the consumer	p. 149
Law and moral values	p. 163
The meaning of 'natural person'	p. 163
The use of embryos in artificial procreation	p. 183
Long-term perspectives	p. 199
European community resolutions and the codification of 'private law'	p. 199
The project for a unified code and the principles of European contract law	p. 211
The construction of a European substantive law and the education of judges	p. 222
Table of Contents provided by Blackwell. All Rights Reserved.