Errore, intelletto e volontà nella Seconda Scolastica. Ricerca storico-dogmatica sull’errore “determinante del consenso” di cui all’art. 1429 c.c. novitàdigital
formato: Articolo | JUS - 2018 - 2
One of the fundamental categories of the error is that of the determining error as also formalized in the art. 1429 Italian Civil Code; that error in the absence of which the subject would not have concluded the contract or in any case the legally relevant act. Unlike the theories of pandettistic matrix as also accepted by the art. 1109 and 1110 of the Italian Civil Code of 1865, and in the light of the rules in force, the interpreter must not today assess whether the error concerns essential circumstances of the contract, but whether the error is essential for the contractor, so as to determine its consent...
Giustizia e misericordia nel diritto della Chiesa digital
formato: Articolo | JUS - 2017 - 2
Moving from the bull Misericordiae Vultus and the Apostolic Letter Misericordia et misera of Pope Francis, the Author demonstrates how mercy not only presupposes justice, but mercy is and becomes a mean to enforcing justice...
Profili storico-dogmatici della rinuncia del Pontefice al ministero di Vescovo di Roma digital
formato: Articolo | JUS - 2013 - 2
The essay arises from Benedict XVI’s renunciation to papacy in order to deal with dogmatic and historical profiles of Pontiff’s renunciatio to the Ministry of Bishop of Rome. The Author examines the first historical precedent – the well-known case of Celestine V – as well as the less known ones, such as the renunciation of Gregory XII. He analyses the doctrinal debate aroused by such acts and then he focuses on legislation that, starting from the Constitution “Quoniam” of Boniface VIII, regulates the renunciatio of the successor of Peter. Particular attention is paid to the current regulation of the Petrine Office, to which are dedicate d few norms.
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