6533b861fe1ef96bd12c4961

RESEARCH PRODUCT

Sul significato di "rimedi"

Guido Smorto

subject

DIRITTO PRIVATO DIRITTO COMPARATO DIRITTI RIMEDIPRIVATE LAW COMPARATIVE LAW RIGHTS REMEDIESSettore IUS/01 - Diritto PrivatoSettore IUS/02 - Diritto Privato Comparato

description

The purpose of this essay is to reframe the conceptual division between rights and remedies by identifying those issues that are generally raised in the legal discourse when dealing with the two perspectives. The focus will be particularly on: policies that govern rights and remedies, judicial discretion, and judicial interpretation. While the traditional account based on a sharp opposition of rights and remedies proved to be untrustworthy, the proposed conceptualization helps to outline the distinction in a more realistic way.

http://hdl.handle.net/10447/95563