Diritto internazionale privato e diritto del lavoro
di Mario Napoli
This paper introduces some issues about the recent labour market italian reform, especially after the legislative decree n. 276/2003. At first, special attention is paid to the liberalisation of private intermediatory activity, with particular consideration for the regional level of regulation. Secondly, the actual regulations of principal models of labour contract is analysed, such
as apprenticehip, agency work, job sharing and job on call, and the extension of any employees
rules to indipendent workers («project workers»). Finally, some conclusive consideration about
perspectives in Italian labour law is proposed.
Filosofia del diritto
di Amedeo G. Conte
Filosofia del deontico [Philosophy of deontics] is a philosophical analysis of the relationships between deontic language and ontic language. The main parts are: i) two counter examples
against the alleged «great division» (naturalistic fallacy theory); ii) deontic iconism; iii) pragmatic ought; iv) the basic question of philosophical ethics; v) norms and names.
di Carlo Castronovo
Subject matter of the present study is the responsibility of public administration with regard to private citizens, whose intent of obtaining an authorization or concession from State or
other public entities has been frustrated by them through an act contrary to law. Similarly the
question regards cases in which an individual right has been restricted or subtracted to a citizen
by an illegitimate public provision. Before 1999 courts did not recognize recovery to the party
suffering damages. After a decision of the Cassation in that year, case law has changed and damages have been awarded according to the following principle: damage should be consequence
of an infringement of a legitimate interest as well as violation of a concrete 'good of life'. Subsequent decisions tried to single out what this 'good of life' is like. The analysis provided for in
the present study clarifies that it is nothing else than damages, the true loss consequential to
violation of the legitimate interest, that has always constituted a necessary element in cases
of tortious liability. The study deals also with the question of nature of liability, namely whether
it is contractual or extracontractual. Finally it faces the problem of whether avoidance of the
illegitimate act be or not a precondition of the action.
di Giorgio Berti
The author dwelles upon administrative obligation towards society and upon private
subject's warranty who is induced to take part in the processes of fulfilment the above - said
obligation. The warranty is based on the relation arising from the administrative activity.
Diritto processuale civile
di Paolo Gallo
This considerations are about the role of the Italian and communitary Case Law in a
new interpretation of the art. 633 Italian Procedural Code (notification of the Payment Order
to debtor resident foreign Italy). The critical path analysis of the Case Law, that it's not omogeneous and, often, contraddictory, permit to see the conditioning role that the Courts can have
against the law-Giver. Here, on put in evidence the relation beetween the national and communitary Case Law of Courts, and that there are more differences beetween the Italian legal sistem
and communitary legal sistem.