Introduction to Italian Law

Name: Introduction to Italian Law
Brand: Kluwer Law International
Price: 300.99 EUR
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Jeffrey S. Lena Ugo Mattei(Editor)

Kluwer Law International (Publisher)

Published on 1. March 2002

528 pages

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978-90-411-7044-6 (ISBN)

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Cover
Half Title Page
Editorial Board
Title Page
Copyright Page
Dedication
Preface
Introduction
Presentation
Table of Abbreviations
Table of Contents
CHAPTER ONE A Sketch of Legal History
I. Introduction
II. The Historical Development of Law on the Peninsula
III. The Late Eleventh to the Early Sixteenth Centuries
IV. Developments in the Legal System along the Whole Peninsula
V. Italian Legal Development after 1860
Bibliographic Note
CHAPTER TWO Shifting Frames: Law and Legal "Contaminations"
I. Introduction
II. Italian Legal Culture: A Portrait of Italy as a "Weak" Tradition
A. The Love Affair with the French
B. The "Coming of the Germans"
III. Conclusion: Convergence, Divergence, and "Contamination"
CHAPTER THREE Constitutional Law
I. Introduction
II. Historical Background
III. Constitutional Rights and Duties
A. Civil Rights (Negative Rights)
B. Welfare Rights ("Positive Rights")
C. Constitutional Duties
IV. The Parliamentary Form of Government in Italy
A. The Formation of Government: The Vote of Confidence
B. Political Parties, Electoral Laws and Public Financing of Political Activity
V. Sources of Law
A. Monistic System
B. The Breach of Monism: The Increasing Role of the Executive Branch and the European Sources of Law
VI. Checks and Balances on Parliamentary Government
A. The Judiciary
B. The Referendum
C. The Constitutional Court
D. The Regions
VII. Recent Developments: The Commissione Bicamerale per le Riforme Istituzionale and its Aftermath
VIII. Conclusion
IX. Bibliography
CHAPTER FOUR Italy and the European Union
I. Introduction
II. The Relationship Between the Community and the Italian Legal Order
III. The Application of EC Law in National Legal Systems
IV. The Case Law of the Italian Constitutional Court
A. The Supremacy of Community Law
B. The Limit of Human Rights and Fundamental Constitutional Values
C. Direct Effect of Community Law
D. Regional Statutes and Community Law
V. The Implementation of Community Law in the Italian Legal System
VI. The Role of the Italian Parliament
VII. The Role of Regions
A. The Role of Regions in the Implementing Process
B. The Role of Regions in the Elaboration of Community Law
VIII. Concluding Remarks
IX. Bibliography
CHAPTER FIVE Machinery of Justice
I. Introduction
II. Organization of Ordinary Courts
A. The Justices of the Peace
B. The Giudice Unico di Primo Grado (The Merger of Preture and Tribunali and the Institution of Single-Judge Courts)
C. The Intermediate Appellate Courts
D. The Italian Supreme Court (Corte di Cassazione)
E. Workload and Delay
III. Ordinary Judges and Prosecutors: Selection and Tenure
A. Selection of Judges and Prosecutors
B. The Independence of Judges and Prosecutors
IV. The Administrative Courts
V. Concluding Remarks
VI. Bibliography
CHAPTER SIX Administrative Law
I. Introduction
II. Some Features of the Italian Administrative State
A. Historical Background
B. At the Threshold of the 1990s
C. Recent Developments
III. The Machinery of the Judicial Control of Administrative Action
A. French Origins
B. Italian History
C. The Constitution
D. At the Beginning of the 21st Century
E. The Main Faults of the System
IV. Selected Bibliography
CHAPTER SEVEN Civil Procedure and the Path of a Civil Case
I. Preliminary Problems
II. Strategic Choices
III. The Structure of the Ordinary Proceedings
IV. Pleadings
V. Evidence
VI. The Judgment
VII. Appeals
VIII. Enforcement
Brief Bibliography
CHAPTER EIGHT Criminal Justice: The Resistance of a Mentality
I. Introduction
II. From the "Rocco" Code of 1930 to the New Code of 1988
III. Why Consider the Adversary Model?
IV. Adversarial and Non-Adversarial Features of the New Italian Criminal Procedure System
A. The Preliminary Investigation (Le Indagini Preliminari )
B. The Preliminary Hearing (L'udienza preliminare)
C. The Trial (Il Dibattimento)
V. Special Procedures and the System's Efficiency
A. General Outline
B. The "Sentencing by Parties' Request" (L'Applicazione Della Pena su Richiesta Delle Parti)
C. The "Proceeding by Penal Decree" (Il Procedimento per Decreto Penale)
D. The "Summary Proceeding" (Il Giudizio Abbreviato)
E. Some Concluding Remarks
VI. Recent Developments
VII. Conclusion
Brief Bibliography
CHAPTER NINE Tort Law
I. Tort Law in the Civil Code
A. Introduction
B. The Unjustified Injury
C. Fault and Strict Liability: A False Opposition
D. Mental Capacity
E. Defenses
F. Causation
G. Non-Material Damages
H. Liability Rules in the Environmental Harm Context
II. Legal Remedies
A. Monetary and Non-Monetary Remedies
B. Injunctive Relief
C. Limitation Period
D. Tort and Contract: Concurrence of Actions
III. Issues and Formants
A. The Scholars' Leadership
B. The Autonomous Paths of Case Law
C. Special Statutes
IV. Conclusion
A. Summary
B. Watertight Compartments
C. Interpretive Fate
CHAPTER TEN Contract Law
I. Sources and Structure of Italian Contract Law
A. Sources
B. The Conceptual Structure of Italian Contract Law: General Rules, Nominate Contracts, and Atypical Agreements
II. Formation
A. The Enforceability of a Promise
B. Offer and Acceptance
C. Liability and Preliminary Negotiations
III. Conditions of Substantive Validity
A. Capacity of the Parties
B. Absence of Consent
C. Other Conditions of Validity
D. The Consequences of Absence of Consent or Lack of Substantive Quality
IV. Termination
A. Performance and Breach
B. The Effect of Supervening Events
V. Conclusions
CHAPTER ELEVEN Property Law
I. The Terminology of the Italian Law of Property
II. Constitutional Protection of Private Property
III. Transfer of Ownership
A. Transfer of Ownership at Death
B. Involuntary Transfer of Ownership Inter Vivos
C. Voluntary Transfer of Ownership Inter Vivos
IV. Remedies to Protect Property
A. Recovery of Possession
B. Remedies for the Quiet Enjoyment of Property
Conclusion
CHAPTER TWELVE Trust Law
I. Introduction
II. What is a Trust?
III. A Survey of Trusts in Italy
A. Trusts for Non-Profit Purposes
B. Trusts in the Personal or Family Context
C. Trusts in the Commercial or Business Sphere
IV. An Assessment of the Italian Law of Trusts
A. The Italian Law of Trusts: Shortcomings of Present Institutions in Light of the Realities of a Modern Law of Property
B. Evolving Tracing Remedies
V. The Interpretation and the Application of the Hague Convention in Italy
VI. A Comprehensive Trust Law for Italy?
CHAPTER THIRTEEN Non-Profit Organizations
I. Introduction
II. The History of Non-Profit Organizations
A. The First Period (1865-1948)
B. The Second Period (1948-1984): Institutional Pluralism and Article 2 of the Italian Constitution
C. The Third Period (1984-2001): The Growth of New Non-Profit Organizations, the Boom of Private Associations, and the Discovery of the Legal Form of Foundations
III. An Analysis of the New Era of Non-Profit Corporations: Comparative Aspects
A. The Enlightening Example of Cultural Foundations
IV. Different Kinds of Non-Profit Organizations
A. The Different Theories Proposed
B. The Category of "Non-Profit Organization"
V. The Different Cultures of the "Non-Profit World": Reform Proposals for the Italian System
A. A Review of the Discipline Provided by the Civil Code
B. The Need for Reform
CHAPTER FOURTEEN Labor Law
I. Two Introductory Remarks
A. The Inderogability and the Invalidity of Waivers and Transactions Concerning Workers' Rights from Mandatory Legal Rules
B. The Actors and Sources of Italian Labor Law
II. The Actors of Italian Labor Law
A. The Individual Parties (Employees and Employers)
B. The Social Partners (Trade Unions and Employers' Organizations)
C. The State
III. The Sources of Italian Labor Law
A. Constitutional Law
B. Statutory Law
C. ILO Conventions and European Community Law
D. Collective Bargaining and Accords
E. Employment Contract
F. Judge-Made Law
IV. Labor Law and the Labor Market
V. Selected Bibliography
CHAPTER FIFTEEN Corporate Governance
I. The primary characteristics of the Italian legal system with respect to corporations
II. The Present Evolution: Trust in the Market, and its Limits
III. The Attention of the Italian Legislator to Institutional Investors
IV. The Activism of the Institutional Investors: Possibilities and Limitations
Brief Bibliography
CHAPTER SIXTEEN Family Law and Succession
I. Introduction
II. A Brief History of Italian Family Law
III. Civil and Concordat Marriage under Italian Law
IV. The Legal and Patrimonial Structure
V. The Current Patrimonial Regime of the Family
A. The Common Ownership of Assets by Law
B. Separation of Assets
C. The Common Ownership of Assets by Agreement
VI. Matrimonial Breakdowns and Economic Relationships
VII. Patrimonial Regime in Case of Separation or Dissolution
A. Effects of Separation on Patrimonial Relations
B. Effects of Dissolution of Marriage on Patrimonial Relations
VIII. The Family Enterprise
A. Regulation of the Family Enterprise After the 1975 Reform
IX. Aspects of Family Succession
A. Succession in the Case of Separation
B. Succession in the Case of Divorce
X. Conclusions
CHAPTER SEVENTEEN Private International Law
I. Introduction
II. The Sources
III. The General Features of the System
IV. Jurisdiction
V. Conflict of Laws
A. The General Issues
B. The Individual Conflict Rules
VI. Foreign Judgments
VII. Arbitration
A. International Arbitration
B. The Recognition of Foreign Awards
CHAPTER EIGHTEEN How to Find the Law
I. Legal Data
A. How Legal Information Becomes known in the Italian System
B. Paper Editions and Computerized Editions
C. How Legal Information Is Identified
D. How Legal Information Is Cited
E. How Legal Information Is Handled
II. Statutes and Regulations
A. Official Publications
B. Private Publications
III. Case Law
A. Case Law Periodicals
IV. Scholarly Writings
A. The Literary Genres
B. Scholarly Reviews
C. The Digests of Legislation, Doctrine, and Case Law
D. Prompt Information
V. Computerized Editions
A. Online Databases
B. CD-ROM
C. Other Resources Available on the Internet
D. Legal Journals Online
VI. Bibliography of English Language Sources
Books
Private Law and Civil Procedure
Commercial Law, Arbitration
Criminal Law and Procedure
International and EC Law
Jurisprudence, Legal History, Legal Research, Legal Profession, and other law-related issues
Index
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Introduction to Italian Law

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