The Author, while examining the multifaceted theme of the ‘‘res judicata’’ through some innovations that pave the way for further prospects, imagines a declaratory jurisdictional function,redeemed from any stabilization of effects. In particular her analysis deals with some phenomena of the current legal system which seem to show an ongoing ‘‘crisis’’ of the ‘‘res judicata’’ both in the relationship between domestic law and European law and in the light of certain Italian judicial events which end up expressing a ‘‘malleability’’ of the ‘‘res judicata’’ itself.
The essay examines selected aspects of moral obligations in continental European legal systems,where they are regulated such that, on one hand, the expected performance cannot be demanded by the party interested in its execution, and on the other, the obligor cannot seek restitution for voluntarily provided performance. The author explores the rationale behind the European civil code drafters’ decisions to exclude both specific performance claims and restitution claims for voluntary performance, emphasizing the remedies implied by the concept of “moral obligation’’. Building on this analysis, the essay then considers the conditions under which a civil obligation – especially one that pertains to a morally owed performance – may be assumed. This exploration uses donation as a critical point of reference. Since one can certainly enter into a gratuitous bligation through donation, allowing a debtor to assume a legal obligation grounded in a moral one offers a streamlined, flexible approach, reducing transaction costs and tailoring the promise’s form to the circumstances in which it arises.
The author discusses the comparison between canon law and civil law, which has its roots inthe history of European law. He provides examples of intersections between canon law and civil law. He then addresses the comparison in contemporary law, both in terms of methodology and substantive law. Finally, he demonstrates how, drawing from the doctrine of putative marriage and the “toposprinciple”that tort does not pay, it is possible to derive a solution to the issue of reconciling the principle of legality with the protection of minors in certain difficult cases of so-called reproductive tourism.
The essay investigates the conceptual intersection between proportionality, balancing, and rationabilitas, with the aim of highlighting the originality of the canonical heritage within contemporary legal discourse. In light of the most significant contributions to the concepts of proportionality and balancing, which are attributed in the realm of legal philosophy to Robert Alexy’s theory, the study exemplifies the criterion of “reasonable accommodation” in the context of religious symbolism and the precautionary principle in current ecological regulation. These areas are examined as privileged fields to assess the potential impact, on a comparative level, of rationabilitas rooted in distinctly canonical tradition. This is pursued through a methodological perspective that seeks to recover the international rationality of legal discourse, particularly in addressing issues related to the balancing of fundamental human rights.
This paper describes the history and the evolution of intellectual property law chair at Catholic University of Milan, especially speaking about all the professors who have taught during the years, since the foundation of the Faculty of Law.
This essay examines the constitutional evolution of abortion rights in the United States, spanning from Roe v. Wade to Dobbs v. Jackson Women’s Health Organization. It also highlights the Justices that composed the pivotal opinions and their interpretative methodology. Ultimately it emphasizes that abortion should be seen as an excepiton.
The idea of the norm as a command, resulting from imperativism, has influenced not only the general theory of law, but also the reconstruction of the fundamental principles of Criminal Law and the general theory of crime. Moving from the traditional (but often “forgotten”) topic of the addressees of the criminal rules, the paper proposes an alternative to the traditional doctrines, arguing that the criminal norm is addressed to an ideal model of interpreter. Among the most significant results is that of tracing the requirement of recognisability of the criminal rule back to the side of legality rather than culpability, also through a different role played by Article 5 of the Italian Criminal Code. Moreover, with specific regard to the so-called culturally oriented crimes, is argued a normative-objective approach, especially to downgrade the risk of a misleading centrality attributed to “conflict of motivation”.
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