Search results for " common law"

showing 4 items of 14 documents

Contract e contracts nel diritto inglese: la rilevanza della buona fede

2022

Starting from the question of the alternative use of the terms contract and contracts in the English common law, the contribution aims to investigate the importance assumed by good faith in the law of contract, also through the analysis of doctrine and jurisprudence.

buona fedeEnglish common lawSettore IUS/02 - Diritto Privato Comparatocontract
researchProduct

Le molteplici conseguenze della perdita del rapporto parentale nel confronto tra gli ordinamenti

2020

The essay focuses on the damage caused by the loss of the parental relationship and, in particular, its consequences from a compensation point of view. Taking as its starting point a recent ruling of the Corte di Cassazione, the paper highlights how, in the Italian legal system, this type of damage has different, and significant, consequences for the injured party. In the second part of the essay, it will be seen how, in the English legal system, the so called damage for bereavement has only recently been introduced in the Fatal Accident Act 1976 and how its consequences differ considerably from what happens in the Italian legal system.

damage from loss of parental relationship damage civil liability Fatal Accident Act Common LawSettore IUS/01 - Diritto PrivatoSettore IUS/02 - Diritto Privato Comparato
researchProduct

La dottrina giuridica nel sistema americano. Il ruolo e la funzione del giurista, l'evoluzione storica del pensiero giuridico, l'università, la didat…

2011

Breve analisi e studio del ruolo e della funzione del formante dottrinale all'interno del sistema giuridico statunitense.

dottrina università giuristi common law usaSettore IUS/02 - Diritto Privato Comparato
researchProduct

The role of the agreement as a tool for management of property relations in cases of cross border marriages and civil unions/partnerships registered …

2021

The essay examines the role of the agreement as a tool for managing property relationships in crossborder marriages and registered partnerships, in light of EU Regulations 1103 and 1104 of 2016, on the property regimes of international married or registered couples. The main prerogative of such acts is the recognition of the parties? freedom to choose the court and the applicable law. The law governing the matrimonial property regimes, or the property consequences of registered partnerships, has universal scope. This agreement in the form envisaged, which is backed by the need for legal certainty and predictability of the applicable rules, means that the spouses, in family problems which ha…

with reference to the ?applicable law?and of common law systems which give effect to a moderate interpretation of the will of the courts. Go away. Cross-border marriages and registered partnershipsthe hard base on which the contractual structure provided for in the Regulation is builthas universal scope. This agreement in the form envisagedMatrimonios y parejas registradas trasfronterizaswhich strengthens the objectives of both civil law systemsmeans that the spousesautonomía contractual. 242 251which is backed by the need for legal certainty and predictability of the applicable rulesboth explicitly and implicitly. Thusare faced with a uniform system of rules on ?conflict? which can resolve them. Thereforeforo y ley aplicableor the property consequences of registered partnershipswhich open the way to a moderate interpretation of general clauses by the courts:CIENCIAS JURÍDICAS [UNESCO]Maria Gabriella The essay examines the role of the agreement as a tool for managing property relationships in crossborder marriages and registered partnershipsthe court and the applicable lawuniform systemcontractual autonomy.2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113560 The role of the agreement as a tool for management of property relations in cases of cross border marriages and civil unions/partnerships registered under the EU regulations nr. 1103 and 1104/2016. Rossisistema uniformein family problems which have cross-border implicationsUNESCO::CIENCIAS JURÍDICASthe contractual autonomy in this provision appears to be the first point of connection between the different systemson the property regimes of international married or registered couples. The main prerogative of such acts is the recognition of the parties? freedom to choose the court and the applicable law. The law governing the matrimonial property regimesRegulation 1103 provides ample scope for contractual autonomyin light of EU Regulations 1103 and 1104 of 2016
researchProduct