This contribution reconstructs the scientific journey of Franco Anelli, from his early work with the monograph Caso fortuito e rischio di impresa nella responsabilità del vettore (Accidental Event and Business Risk in Carrier Liability) (Milan, 1990) to his most significant work: L’alienazione in funzione di garanzia (Alienation for Guarantee Purposes) (Milan, 1996); and concludes with the works – Il matrimonio. Lezioni (Marriage. Lectures) (Milan, 1998) and Manuale di diritto privato (Handbook of Private Law) (Milan, ed. 2007-2023) – which, although primarily dedicated to teaching, actually represent a rare example, not only of scientific rigor but also of uncommon synthesis skills and clarity of style.
The author notes that the protection of legitimate expectations in Italian administrative law presents some peculiarities. In particular, alongside a very broad recognition of the principle of protection of legitimate expectations, in practice the protection of legitimate expectations is often scaled down, especially for economic reasons, and the thesis according to which the violation of trust should entail compensation has not been established. Recent interventions by the Court of Cassation, however, seem to introduce important elements of innovation.
Data privacy law fails to stop companies from engaging in self-serving, opportunistic behavior at the expense of those who trust them with their data. Academics and policymakers have recently proposed a possible solution: require those entrusted with people’s data and online experiences to be loyal to those who trust them. But many have concerns about a duty of loyalty that arises in information relationships because of users’ vulnerability, and what such a duty would require is not entirely clear. The Article suggests a duty of loyalty for personal information of users that answers the objections and draws upon existing – and in some cases ancient – precedent in other areas of American law. Data collectors bound by this duty of loyalty would be obligated to act in the best interests of people exposing their data and online experiences, up to the extent of their exposure.
The essay takes its cue from a recent book in which, in adherence to studies that were conducted by Alessandro Giuliani, an argument is made for a return to the use of the regulae iuris. The author argues that this proposal is the result of an ideological adherence to methodological individualism that overshadows the fact that law always regulates relations between individuals in which a plurality of fundamental rights is at stake. The regulae iuris can be taken as tools to assist in the search for today’s rules for balancing these rights where the judge has effective room for interpretation of the regulatory system in force. Within these limits, the analysed book opens up a useful confrontation between constitutionalists and private law experts.
The study concerns the responsibility of the central government of a religious institute for the actions of subordinate bodies or persons, starting from a factual evidence, namely that the question of the relationship between the central government and the peripheries is becoming increasingly acute in the light, on the one hand, of the progressive decentralisation of the government of religious institutes and, on the other, of the often limited capacity of peripheral bodies to govern themselves autonomously. After a legal examination of the relations between central and local religious bodies, the study therefore concerns the administrative and criminal liability of both the bodies as such and the individuals that these bodies administer. Part of the study concerns the concordat profiles of the issue, given that many religious institutions have their central government headquarters on Italian territory, and that the concordat law has the value of a particular canon law for the Church in Italy pursuant to Canon 3 of Code of Canon Law.
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