Search results for " diritto"
showing 10 items of 6340 documents
Vadimonium nossale ed exhibitio in eadem causa
2016
The author reconsiders the problem concerning the meaning of the words ' in eadem causa' in the vadimonium ex noxali causa. On the basis of D. 2.9.1.1 (Ulp. 7 ad ed.) and D. 2.9.5 (Ulp. 47 ad Sab.) he tries to point out an historical evolution in the interpretation of these words.
Emissione delle azioni.
2004
Il contributo offre un articolato commento al nuovo art. 2346 c.c., così come modificato dalla riforma del diritto societario del 2003. Più precisamente l'attenzione è centrata sulle novità relative all'assegnazione non proporzionale di azioni e sulla nuova fattispecie degli strumenti finanziari partecipativi.
In light of the ends. Copyright hysteresis and private copy exception after the British Academy of Songwriters, Composers and Authors (BASCA) and oth…
2015
In British Academy of Songwriters, Composers and Authors (BASCA) and others v Secretary of State for Business, Innovation and Skills, the High Court of Justice in matter of private copy exception provides the twofold prime opportunity to shed light on the state of the art of copyright in the UK and to flesh out the idea of 'legal hysteresis’. I support the reintroduction of the private copy exception, possibly in a less narrow fashion, and I explain the reasons why I am confident that my expectations will be fulfilled.
BEACH SOCCER: INTERPRETAZIONE DELLE FONTI DI DIRITTO SPORTIVO SOVRANAZIONALE
2016
BEACH SOCCER: INTERPRETAZIONE DELLE FONTI DI DIRITTO SPORTIVO SOVRANAZIONALE
IL PROBLEMA DELLA LEGITTIMAZIONE DELLA TUTELA PENALE NEL SISTEMA ANGLO-AMERICANO E I RIFLESSI SULLA TEORIA EUROPEO-CONTINENTALE DEL BENE GIURIDICO, C…
2012
Immigrazione e Sanità interculturale. Saperi antropologici e prassi giuridiche. Problemi di etica medica islamica
2012
The legal balance between liberty and equality
2021
The paper explores the specific legal balance between liberty and equality, distinguishing it from political theories and constitutional settings, where they are often considered in opposition. In order to find the specific legal balance between liberty and equality, and after identifying some of their relevant meanings for the purpose, it becomes necessary to focus on the rule of law, and to examine the relationship between liberty and equality in its different versions. Once the core meaning of the rule of law in terms of liberty and equality is enucleated, it is possible to consider extending it to the international field.
The European Courts and the Security Council: Between "Dédoublement Fonctionnel" and Balancing of Values
2009
The recent case law of various international tribunals facing questions related to UN Security Council resolutions shows the clear tendency to grant primacy to the UN legal order. This trend, far from being well founded on formal arguments, appears to be a tribute to a legal order perceived as superior, and, at the same time, is revealing of the ‘value oriented’ approach followed by the courts. Such an approach can be categorized from a theoretical perspective in the light of Scelle's theory of relations between legal orders, whereby the courts implement in their respective legal orders values stemming from the UN legal order. Various critical remarks can be advanced in relation to this att…
The eio proposal for a directive and mafia trials: Striving for balance between efficiency and procedural guarantees
2013
PD EIO could mark a turning point in the development of “European criminal procedure.” The Proposal will obtain evidence in cross-border cases and is particularly suitable for investigations on the subject of international organized crime. From the long gestation period and the contents of the Proposal emerges, however, the difficulty of making a balance between the investigation of crimes and the guarantees of the individuals involved. The use of collected of evidence from different legal systems is often an overly neglected aspect. Doubt surrounds the regulation of banking instruments, the rules on wiretapping, and all provisions for undercover investigations.
Interpretazione convenzionalmente conforme e bilanciamento. Un'appendice.
2020
This paper critically analyses the relationship between the ECtHR balance in implementing a right based on the ECHR and the ECHR-driven interpretation by the domestic judge in applying defenses. While ECHR-driven interpretation is kept within the boundaries of the wording of the law, the balance is per se integrative-additive, so it goes by definition beyond such boundaries. Consequently, the ‘case by case’ approach at a domestic level could be more difficult and this would require to involve the Constitutional Court.