JUS - 2006 - 2-3 - autori-vari - Vita e Pensiero - Fascicolo digitale Jus Vita e Pensiero

JUS - 2006 - 2-3

digital JUS - 2006 - 2-3
Digital issue
Journal JUS
Issue 2-3 - 2006
Title JUS - 2006 - 2-3
Publisher Vita e Pensiero
Format Digital issue | Pdf
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I contratti reali nella prospettiva di una codificazione europea: elementi per una discussione
by Maria Letizia Ruffini Gandolfi pages: 14 € 6.00
The article concerns two important problematic profiles of the category of figurae iuris which, following the Roman tradition, is formed of the so called real contracts. The first profile affects the shape to be given, in the European Contract Code, Book II, now being drawn up by the Academy of European Private Lawyers, to depositum, contractual sequestration, commodatum and mutuum. In the light of an historical and comparative analysis of the matter and of provisions of the aforementioned Code, Book I, a range of possible solutions is proposed, which goes beyond the mere alternative between “real” and “consensual” contract. The second problematic profile is that of the liability for damage, destruction or loss of the delivered item. Considered with particular regard to depositum, this problem is mainly examined referring both to the provisions on contractual liability of said Code, Book I, and to the French experience relating to the obligations de moyens and obligations de résultat.
Lavoro e valori: note sulla prospettiva assiologica di Luigi Mengoni
by Mario Grandi pages: 20 € 6.00
In the law and philosophy thought of Luigi Mengoni the subject of values and of their relation to work is embedded in a systematic thought where the legal discourse is viewed as a discourse linked to the law and to legal dogmatic (made up of inventio and demonstratio) and open to the contributions of the other social sciences. While the Kantian formalism devalues values as objective ideas, Luigi Mengoni assumes as theoretical option the perspective of the material ethic of values as objective and knowable logic-material structures, and of the rationality of value judgements and of the problem of justice. In political contexts of pluralism and competition of values the positiveness scheme is re-conceptualised according to the axiological perspective which includes value judgements socially accepted, both at the moment of the inventio and at that of (dogmatic) demonstratio. The ontological status of values as objective ideas is logically connected with the assumption of value as a fact of rationality, according to the congnitivistical hypothesis. According to Luigi Mengoni knowing values has nothing to do with the knowledge of phenomena: it is rather based on the dimension of possibility, on the logic (and judgement) of likeness, in connection with the Leibnizian thought. In particular, with reference to costitutional rules values are modified by the secularisation process: indeed, they represent points of view that are historically conditioned and legitimised by social-political consensus. The evolution of labour law is strongly concerned with the emergence of values in the written law, especially of ethic implication of catholic social doctrine, which is particularly analized by Luigi Mengoni in his essays on social encyclicas.
I rapporti di lavoro tra status e contratto nella dottrina giuridica dei secoli XII-XIV: le figure di incerto confine
by Joselita La Mendola pages: 44 € 6.00
This article examines job relations between status and contract in the doctrine of medieval jurists. It has got a central theme: the transition from status to contract, according to a very pregnant expression of Henry Summer Maine. In the following pages we will analyse the particular condition of some workers of XII-XIV centuries: ascriptitii, liberti, liberti ecclesiae, homines curiae, homines alterius. A special attention will also be given to a famous dispute among the most important medieval jurists about the possibility for a free worker to lease his labour strengths forever («an liber homo posit locare operas suas in perpetuum»). The results of this research demonstrate how the transition from status to contract is not easily realized in the medieval period but the jurists of this age play an important role in the development of free negotiation: in fact they try to ensure dignity in the execution of every kind of job.
La famiglia nella prospettiva della solidarietà orizzontale
by Paolo Duret pages: 44 € 6.00
An approach to family based on the principle of subsidiarity, according to the constitutional framework, is focused on the empowerment of family’s capability to develop its own functions. The author verifies examples and implications of such an approach throughout recent regional Acts, especially in the fields of family policies and of social services, and finally analyzes some arising questions.
Stato di prevenzione v/ Stato costituzionale di diritto: un nuovo capitolo di una storia infinita (a proposito di una decisione della Corte Costituzionale Federale Tedesca sulla legge federale in materia di sicurezza dei voli)
by Vincenzo Baldini pages: 22 € 6.00
The tension between constitutional State and “a State of prevention”, by the menace of the international terrorism, he got another occasion of comparison in a new German federal law.
La patrimonialità della prestazione e l’interesse del creditore. Brevi note sull’art. 1174 c.c.
by Federico Rolfi pages: 28 € 6.00
The purpose of the essay is to analyze the rule 1174 of the Italian civil code. This article has always been considered as the last remainder of the definition of obligation, an idea that was taken in consideration by theorists during the ‘30s. As this idea was later put aside, also rule 1174 was then considered by Italian jurists too much abstract, and was quite neglected. The essay underlines the importance of this rule, pointing out the fact that it identifies the two main features of the obligation – the economic value of the performance and its relationship with a specific interest or advantage of the obligee - putting two fundamental limits to freedom of contracts.

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