Search results for " legal guarantee"
showing 2 items of 2 documents
Emergencia y garantías (en el pensamiento jurídico de Luigi Ferrajoli)
2011
Abstract: Along with Spain and United Kingdom, Italy has suffered a terrible period of political violence between 1970 and 1982 with hundreds of killings. In this paper I analyse the origins of Luigi FERRAJOLI’s theory of legal guarantee and his criticisms to Italian legislation against terrorism of that time. Therefore, I shed light on three different understanding of such a theory and I offer a review of that legislation that he labelled as «the subsystem of exception ».Moreover I will apply this conception of «special» criminal law to two famous trials against militants of a group of the extreme left. According to FERRAJOLI, these trials have been an instance of the paradigm of political…
Obsolescenza precoce e garanzia di durabilità nella vendita di beni di consumo: note comparatistiche
2023
The essay analyses the legal guarantee of contracts for the sale of consumer goods under Directive (EU) 2019/771, which has expressly introduced durability as an objective requirement for conformity to achieve more sustainable consumption patterns and a circular economy in an increasingly digital-driven market. Such regulatory innovation, however, does not lengthen products' lifespans nor raise consumer protection against premature obsolescence. In anticipation of the revision of the directive by the first half of 2024, the Author underlines the main weaknesses of the legal guarantee of durability and, assisted by the use of a comparative method, suggests that only a pre-contractual informa…