Search results for " private autonomy"
showing 4 items of 4 documents
LAW AND SOCIAL CHANGE: RIGHT TO A NAME, PERSONAL IDENTITY AND PRIVATE LIFE IN CONTEXT
2014
The name is the key to identify a single individual and to link a person to her family, as well as the primary interface in the relationship between a person and the community he or she lives in. This study claims that private life and private autonomy are becoming interpretative arguments and vehicles to ensure that law would be able to follow – and sometimes to chase – social changes in personal and family life, in finding new rules to regulate the relationship between the individual, the family and public authorities or between a private individual and the community she interfaces with.1 Judicial interpretative activity often reveals legislative shortcomings. In particular, the judiciary…
L’assicurazione della responsabilità civile su base claims made e la deformazione del giudizio sulla causa del contratto
2019
The essay analyses civil liability insurance contracts based on claims made and the tormented evolution of the related jurisprudence. The Author criticizes the position of the jurisprudence, especially with reference to the recent judgment of the Sezioni Unite no. 22437 of 2018. The examination widens to the reckless attempt of the Sezioni Unite to subordinate the validity of these contracts to a judgment of adequacy imbedded in the context of the judgment on the cause of the contractand destined, in case of negative outcome, to allow the judge to redetermine the content of the contract, using the remedy of partial nullity pursuant to Article 1419 of the civil code, in a rebalancing effort.
Il negozio giuridico nel pensiero di Renato Scognamiglio e gli sviluppi verso una concezione normativa del negozio
2021
The essay analyzes the significant contribution of Renato Scognamiglio to the scientific reflection on the juridical act, starting from the monographic study of 1950 "Contributo alla teoria del negozio giuridico". The topicality of Scognamiglio's thought allows us to return to reflect on private autonomy and on the general instrument of its exercise, the juridical act, understood as an act of self-regulation. Starting from the studies of Scognamiglio, the author proposes a normative conception of the juridical act, which offers the most adequate understanding scheme of the relationships between private autonomy and state order
Critica della causa al servizio dell’adeguatezza in concreto del contratto. Il caso dell’assicurazione della responsabilità civile con copertura clai…
2019
The essay analyses civil liability insurance contracts based on claims made and the tormented evolution of the related jurisprudence. The Author criticizes the position of the jurisprudence, especially with reference to the recent judgment of the Sezioni Unite no.22437 of 2018. Upon examination of the reasons given to support the validity of this type of contract, the Author comes to the conclusion that the latter should be considered void in both versions: pure and impure claims made. Indeed, the claims made agreement drives the related contract beyond the area of the indemnity function, placing it firmly in the context of contracts with speculative cause. The examination then widens to th…