Istituti civilistici e nomofilachia della corte di cassazione italiana nella complessità del vigente ordinamento europeo.

2015

The paper analyzes the impact of the modern 'nomofilachia' of the Italian Court of Cassation above the institutions of Private Law. Court's application of domestic rules in the field of Private Law (so called 'diritto vivente') is in fact based on a coordinated interpretation of the Italian Consitution and Law with the European rules and principles within a complex legal system made of national and international sources. So that the current model of 'nomofilachia' (article 65 ord. giud.) is inspired by a new idea of legal certainty. This certainty is no more absolute but only 'relative' and 'open-ended' because of the attitude of the Italian Courts (and of the same Court of Cassation) to ma…