Italian Studies in Law : : A Review of Legal Problems.
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Superior document: | Italian Studies in Law Series ; v.1 |
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Place / Publishing House: | Boston : : BRILL,, 2023. ©1992. |
Year of Publication: | 2023 |
Edition: | 1st ed. |
Language: | English |
Series: | Italian Studies in Law Series
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Physical Description: | 1 online resource (178 pages) |
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Table of Contents:
- Intro
- Title Page
- Copyright Page
- Table of Contents
- Articles
- Why the Yearbook Italian Studies in Law?
- Rules, Validity and Statutory Construction
- 1. Weak and Strong Sense of "Validity"
- 2. Validity Statements and their Subject-Matters
- 3. Statutory Construction
- 4. Statutory Sentences and Rules
- 5. Validity of Normative Acts
- 6. Validity of Rules, Expressed and Unexpressed
- 7. Formal and Material Validity
- 8. Validity of Statutory Provisions
- 9. Relationship between Formal and Material Validity
- 10. Law-givers' Language Transformed by Lawyers
- Vittorio Emanuele Orlando: Scholar and Statesman
- 1. A Brief Introduction
- 2. Orlando and the Study of Public Law in Liberal Italy
- 3. Orlando's Political Engagement for the Reform of the Liberal State. The "Social Question". Orlando and Fascism
- 4. Orlando and the New Democratic Constitution
- "Iura Naturalia Sunt Immutabilia." Limits to the Powers of the "Princeps" (as Sovereign) in Legal Literature and Case Law between XVI and XVIII Centuries
- 1. Foreword
- 2. The "Princeps" and His "Potestates" Limited by the "Iura Naturalia"
- 3. The "Iura Naturalia" and the Means ("Iustae Causae") Used to Repeal Them
- 4. The Means to Make Effective the Limits to the Princeps' Powers, According to the "Iura Naturalia": the "Quaestio Potestatis" per se, and How It Is Preliminary to the "Quaestio Voluntatis"
- the "Supersessiones" and the "Interinatio"
- 5. The "Quaestio Voluntatis" (With the "Quaestio Potestatis" as Preliminary Issue)
- 6. The "Quaestio Potestatis" per se: If, Where, How and with What Effects It Can Be Raised
- 7 and 8. [Omissis]
- 9. Sources
- 10. Some Final Considerations
- The System of European Private Law. Premises for a European Code
- 1. Ideology for Uniformity and for Plurality of Solutions
- 2. Uniforming and Political Choices.
- 3. Indivisible Ownership
- 4. The Transfer of Ownership
- 5. Absolute Ownership
- 6. Pacta Sunt Servanda
- 7. Neminem Laedere
- 8. The Task of Scholarship
- Compensation for Expropriation
- 1. The Two Extreme Doctrines
- 2. The Main Problems
- 3. The Constitutional Court's Approach
- 4. An Alternative Approach: a) Absolute Limits on the Public Power to Shape the Content of Private Property
- 5. Follows: b) Constitutional Principles Related to Administrative Activity
- 6. Follows: c) "Restraints Preliminary to Expropriation" (Vincoli Preordinati all' Espropriazione)
- 7. Follows: d) Reliance of the Individual on the Fair Exercise of Public Power (Affidamento)
- 8. The Constitutional Court and the Amount of Compensation for Expropriation
- 9. The Hypothesis of Full Compensation for Economic Damages Deriving from Expropriation
- 10. Follows: Prejudices to Constitutionally Protected Interests
- 11. The Problem of Ground Rent (Rendita Fondiaria Urbana)
- 12. Compensation for the Expropriation of Areas Suitable for Building
- Reviews
- The Law of Property in Italy
- 1. The Terminology of the Italian Law of Property
- 2. Constitutional Protection of Private Property
- 3. Transfer of Ownership
- 4. Remedies to Protect Property
- 5. Land Law
- 6. Landlord and Tenant
- 7. Ownership and Ownerships
- Abstracts.