Search results for " Private Law"
showing 10 items of 24 documents
Il diritto privato regolatorio
2020
Market regulation is having a significative impact on private law. Such circumstance has generated an intense debate on the emerging “Regulatory Private Law”. As the regulation is considered on the perspective of the economic activities subject to indipendet authorities, the regulatory private law shall be defined as the rules as such generated by these authorities and then governing the specific market. After a brief summary on the historical process that led to the current asset of Regulatory Private Law, this essay propose a first attempt to develop an organic vision to the topic, enlighting, in the different markets (from credit and financial markets to services of general interest mark…
Mass phone surveillance programs – security vs. civil liberties?
2017
Following September 11 attacks, America has increased its intelligence and defense capabilities. In particular, a historic law named USA Patriot Act was passed by Bush administration together with President’s Surveillance Program. Though the emotional trauma and immediate strategic need to defend the homeland is understandable as it is commendable that the law was passed relatively quick, the Constitution of the United States is what makes this nation so developed and great. This inquiry will take a deep look into the law in relation to unwarranted surveillance over phone activities of the people and assess its constitutionality. To support the assessment, the development of the relevant la…
Il linguaggio dei diritti e il linguaggio dei rimedi
2015
The purpose of this article is to analyse the division between rights and remedies by identifying those issues that are generally raised in the legal discourse when dealing with these two perspectives.
La disciplina giuridica delle piattaforme online per la ristorazione
2022
The paper investigates the legal issues concerning online platform for restaurants. A coherent regulatory framework of these platforms is proposed, considering the P2B and B2C relationships involved in their activities, with a focus on the protection of food choices and personal data entered by users. While for the P2B issues the European legislation lay down by Reg. EU n. 1150/2019 and the previous Dir. 2000/31/EC on electronic commerce is involved; the B2C issues are discussed considering the regulation on unfair commercial practices provided by Dir. n. 2005/29/EC and, specifically, Reg. EU n. 1169/2011 on food information. As regards the privacy issues of the platform customers, the GDPR…
Cloud Computing e protezione dei dati nel web 3.0
2014
Il cloud computing è un ritrovato deputato all'archiviazione, elaborazione e uso di dati su computer remoti, grazie al quale gli utenti hanno a disposizione una potenza di elaborazione quasi illimitata, non sono tenuti ad investire grandi capitali per soddisfare le proprie esigenze e possono accedere ai loro dati ovunque sia disponibile una connessione Internet. Il presente scritto si propone di contribuire ad una migliore comprensione della nuova tecnologia e alla ricostruzione dell'attuale (invero scarno) quadro giuridico, ciò che può aiutare a superare i principali problemi posti dalla nuvola al diritto dei privati e riconducibili, primariamente, alla protezione dei dati, al diritto dei …
Digital age and corporate taxation. European Union on the way to create a unilateral digital taxation regime
2019
The digitalization of the economy has rapidly changed the outlook of the business models today. It is no longer necessary for an entity to be located within a country to generate enormous amounts of revenues deriving from it. At the same time, the corporate taxation principles have not changed in order to adopt to this situation- when establishing the place of taxation they do not take into the consideration where the consumers are located. Thereby, an unfair treatment towards Member States has been created as today large revenues for big tech companies can be created within their territory without having a burden to pay a tax. Answering to the global discussion the European Commission has …
Searching for a common core of family law in Europe
2018
In this Article the Author, a member of the group of European investigators involved in the searching process for a Common Core of Family Law in Europe, does not want to present the results of the project, that will be published in a forthcoming volume, but, instead, seeks to distinguish the FLCCP (Family Law Common Core Project) from similar research experiences, such as the CEFL (Commission of European Family Law) one. In order to highlight these differences, in the first part (paragraphs 1,2,3) the paper describes the goals of the Common Core Project and the methodology it employs, making references to the Cornell’s Studies, the Schlesinger’s factual approach and the Sacco’s formants the…
La sorte dei contratti dei calciatori professionisti nell’emergenza Covid-19
2020
The essay focuses on the impact generated by the spread of the Coronavirus (COVID-19) and by the subsequent numerous regulatory actions. It takles the world of sports and the football players’ contracts in relation to the global pandemic. It analyses all the different Italian Governament decrees enacted in order to regulate sports matters, stressing their effects. The author exam- ines the civil aspects concerning the modi cation or the interruption of ser- vices due under the contract by the player and by the sports society.
e-Health and the Internet of Things. Definitions, applications, regulation, actors. Roadmap to a use cases research.
2015
This reports deals with the electronic health (e-Health) as a prism to study the Internet of Things. After having provided the necessary definitions and having described applications, regulators, regulations and actors both in the UK, in the US and in the EU, the author sets the basis for a use cases research regarding the e-prescribing.
DIRITTO ROMANO E DIRITTO CIVILE: LE RAGIONI DI UNA RINNOVATA RIFLESSIONE STORICA SUI MODELLI TEORICI E METODOLOGICI. A PROPOSITO DEL VOLUME DI GUIDO …
2021
The article investigates the relationship between Roman law, legal Tradition and modern civil law. The focus is mainly on theoretical and methodological models in the history of private law. In evaluating the history of the institutions, categories and concepts of civil law, the awareness is renewed that modern Codes are profoundly linked to ancient Tradition, and at the same time, represent the instrument of transmission of the same to subsequent eras. At the same time, it should be considered that even today's legal interpretation is deeply linked to Tradition, in content but above all in method. In this sense, it is then evident that carrying out an interpretation of private law in confo…