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Book Contributo ad una teoria dell abuso del diritto

Download or read book Contributo ad una teoria dell abuso del diritto written by Carmelo Restivo and published by Giuffrè Editore. This book was released on 2007 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge : 1. Il diritto sogettivo. -- 2. L'abuso del diritto : la fattispecie. -- 3. Abuso del diritto del diritto e buona fede. Le ragioni di una distanziane. -- 4. Abuso del diritto e autonomia privata. -- 5. l?abuso del diritto nella prospettiva dei rimedi.

Book Abuso del diritto

    Book Details:
  • Author : Pompei Matteo
  • Publisher : G Giappichelli Editore
  • Release : 2019-03-08
  • ISBN : 8892181505
  • Pages : 264 pages

Download or read book Abuso del diritto written by Pompei Matteo and published by G Giappichelli Editore. This book was released on 2019-03-08 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il sintagma abuso del diritto si presenta come una figura controversa nella sua stessa formulazione linguistica, tanto da evocare la rappresentazione icastica del Giano bifronte proposta in copertina: all’esercizio di un diritto dovrebbe corrispondere, infatti, uno spazio di libertà inserito in una cornice normativa e non dovrebbe essere possibile che una pretesa in astratto garantita dal diritto positivo costituisca, nel caso concreto, un fatto antigiuridico. Il precipuo obiettivo di questo volume è di comprendere se, ed eventualmente come, si possa esercitare un diritto in modo improprio, anche al fine di ricollocare il tema della giustizia all’interno del terreno che le è proprio ossia quello giuridico. Ancorché il concetto di giustizia non sembri ormai appassionare gli studiosi del diritto, si ritiene che il rapporto tra diritto e giustizia debba considerarsi come un’endiadi e che l’istituto dell’abuso del diritto faccia percepire che il ruolo della volontà del legislatore è strutturalmente secondario nella dimensione giuridica, in quanto la riduzione del diritto a legge non riesce a descrivere compiutamente la complessità teorica, empirica e storica dell’esperienza giuridica. Se, tuttavia, la riduzione del diritto a mera statuizione positiva è da considerarsi insufficiente, la difesa del diritto positivo è necessaria per scongiurare il rischio opposto: allontanare il diritto dal suo perimetro giuridico e indirizzarlo verso l’opinione. Troppo spesso, infatti, si è utilizzato l’abuso del diritto come cavallo di Troia per espungere regole giuridiche, introducendo nell’ordinamento principi esogeni di carattere politico o economico, tali da trasformare l’istituto in esame come uno strumento potenzialmente eversivo del sistema giuridico.

Book Internet of Things and the Law

    Book Details:
  • Author : Guido Noto La Diega
  • Publisher : Taylor & Francis
  • Release : 2022-10-14
  • ISBN : 0429887493
  • Pages : 435 pages

Download or read book Internet of Things and the Law written by Guido Noto La Diega and published by Taylor & Francis. This book was released on 2022-10-14 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies is the most comprehensive and up-to-date analysis of the legal issues in the Internet of Things (IoT). For decades, the decreasing importance of tangible wealth and power – and the increasing significance of their disembodied counterparts – has been the subject of much legal research. For some time now, legal scholars have grappled with how laws drafted for tangible property and predigital ‘offline’ technologies can cope with dematerialisation, digitalisation, and the internet. As dematerialisation continues, this book aims to illuminate the opposite movement: rematerialisation, namely, the return of data, knowledge, and power within a physical ‘smart’ world. This development frames the book’s central question: can the law steer rematerialisation in a human-centric and socially just direction? To answer it, the book focuses on the IoT, the sociotechnological phenomenon that is primarily responsible for this shift. After a thorough analysis of how existing laws can be interpreted to empower IoT end users, Noto La Diega leaves us with the fundamental question of what happens when the law fails us and concludes with a call for collective resistance against ‘smart’ capitalism.

Book State Aid and the European Economic Constitution

Download or read book State Aid and the European Economic Constitution written by Francesco de Cecco and published by Bloomsbury Publishing. This book was released on 2012-12-14 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen the rise of EU State aid law as a crucial component of the European economic constitution. To date, however, the literature has neglected the contribution of this area of EU law to the internal market. This book seeks to fill this gap in our understanding of the economic constitution by exploring the significance of State aid law in addressing questions that go to the core of the internal market project. It does so by examining the case law relating to three different activities that Member States engage in: market participation, market regulation, and funding for Services of General Economic Interest. Each of these areas offers insights into fundamental questions surrounding the economic constitution, such as the separation between the State and the market, the scope for Member States to engage in regulatory competition, and the tension between market and nonmarket concerns.

Book The Transformation of Private Law     Principles of Contract and Tort as European and International Law

Download or read book The Transformation of Private Law Principles of Contract and Tort as European and International Law written by Maren Heidemann and published by Springer Nature. This book was released on with total page 1099 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Regulating Global Corporate Capitalism

Download or read book Regulating Global Corporate Capitalism written by Sol Picciotto and published by Cambridge University Press. This book was released on 2011-05-12 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of how multi-level networked governance has superseded the liberal system of interdependent states focuses on the role of law in mediating power and shows how lawyers have shaped the main features of capitalism, especially the transnational corporation. It covers the main institutions regulating the world economy, including the World Bank, the IMF, the WTO and a myriad of other bodies, and introduces the reader to key regulatory arenas: corporate governance, competition policy, investment protection, anti-corruption rules, corporate codes and corporate liability, international taxation, avoidance and evasion and the campaign to combat them, the offshore finance system, international financial regulation and its contribution to the financial crisis, trade rules and their interaction with standards especially for food safety and environmental protection, the regulation of key services (telecommunications and finance), intellectual property and the tensions between exclusive private rights and emergent forms of common and collective property in knowledge.

Book Studi in onore di Tito Carnacini

Download or read book Studi in onore di Tito Carnacini written by and published by . This book was released on 1983 with total page 1074 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Bullettino dell Istituto di diritto romano

Download or read book Bullettino dell Istituto di diritto romano written by and published by . This book was released on 1940 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Studi in memoria di Ludovico Barassi

Download or read book Studi in memoria di Ludovico Barassi written by Vincenzo Carullo and published by . This book was released on 1966 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: Composite work on labour legislation in memory of ludovico barassi (with a list of his works) - includes collective bargaining, the place of the workers families in the social protection system, social security, work at home, weekly minimum wage in Belgium, trade unions, collective agreements in Netherlands, Greece, etc. References. Festschrift barassi l.

Book Neoliberal Legality

    Book Details:
  • Author : Honor Brabazon
  • Publisher : Taylor & Francis
  • Release : 2016-11-10
  • ISBN : 1134843380
  • Pages : 227 pages

Download or read book Neoliberal Legality written by Honor Brabazon and published by Taylor & Francis. This book was released on 2016-11-10 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neoliberalism has been studied as a political ideology, an historical moment, an economic programme, an institutional model, and a totalising political project. Yet the role of law in the neoliberal story has been relatively neglected, and the idea of neoliberalism as a juridical project has yet to be considered. That is: neoliberal law and its interrelations with neoliberal politics and economics has remained almost entirely neglected as a subject of research and debate. This book provides a systematic attempt to develop a holistic and coherent understanding of the relationship between law and neoliberalism. It does not, however, examine law and neoliberalism as fixed entities or as philosophical categories. And neither is its objective to uncover or devise a ‘law of neoliberalism’. Instead, it uses empirical evidence to explore and theorise the relationship between law and neoliberalism as dynamic and complex social phenomena. Developing a nuanced concept of ‘neoliberal legality’, neoliberalism, it is argued here, is as much a juridical project as a political and economic one. And it is only in understanding the juridical thrust of neoliberalism that we can hope to fully comprehend the specificities, and continuities, of the neoliberal period as a whole.

Book The National Union Catalog  Pre 1956 Imprints

Download or read book The National Union Catalog Pre 1956 Imprints written by and published by . This book was released on 1978 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Dizionario giuridico

    Book Details:
  • Author : Francesco De Franchis
  • Publisher : Giuffre
  • Release : 1984
  • ISBN :
  • Pages : 1572 pages

Download or read book Dizionario giuridico written by Francesco De Franchis and published by Giuffre. This book was released on 1984 with total page 1572 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Effects of Financial Crises on the Binding Force of Contracts   Renegotiation  Rescission or Revision

Download or read book The Effects of Financial Crises on the Binding Force of Contracts Renegotiation Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.

Book Estudios en honor del doctor Luis Recas  ns Siches

Download or read book Estudios en honor del doctor Luis Recas ns Siches written by Luis Recaséns Siches and published by . This book was released on 1980 with total page 1060 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Comparative Law and Economics

Download or read book Comparative Law and Economics written by Ugo Mattei and published by University of Michigan Press. This book was released on 1997 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book links the study of comparative law with the study of law and economics

Book The Sociology of Childhood

Download or read book The Sociology of Childhood written by William A. Corsaro and published by SAGE Publications. This book was released on 2017-06-10 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: William A. Corsaro’s groundbreaking text, The Sociology of Childhood, discusses children and childhood from a sociological perspective. Corsaro provides in-depth coverage of the social theories of childhood, the peer cultures and social issues of children and youth, children and childhood within the frameworks of culture and history, and social problems and the future of childhood. The Fifth Edition has been thoroughly updated to incorporate the latest research and the most pertinent information so readers can engage in powerful discussions on a wide array of topics.