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Il modulo “Della tutela dei diritti”, coordinato dai proff. Giovanni Bonilini e Augusto Chizzini, è un autorevole commento, articolo per articolo, alla disciplina codicistica (artt. 2643 - 2969). In ciascuno dei 3 volumi che compongono questa sezione del Commentario, il professionista trova un'analisi approfondita delle disposizioni di ciascun articolo del codice civile, unitamente ad una panoramica degli spunti più interessanti per la pratica professionale offerti dalla dottrina più accreditata e dalla giurisprudenza di merito e di legittimità. In particolare il volume 3 (artt. 2907 - 2969 c.c.) analizza tutte le disposizioni in tema di prescrizione e decadenza e tutela giurisdizionale dei diritti.
Il volume “Della gestione di affari. Del pagamento dell’indebito. Dell’arricchimento senza causa”, coordinato dal prof. Raffaele Lener, è un autorevole commento, articolo per articolo, alla disciplina codicistica (artt. 2028- 2042) che regola gli istituti. Nell’opera il professionista trova un'analisi approfondita delle disposizioni di ciascun articolo del codice civile, unitamente ad una panoramica degli spunti più interessanti per la pratica professionale offerti dalla dottrina più accreditata e dalla giurisprudenza di merito e di legittimità. PIANO DELL'OPERA TITOLO VI: DELLA GESTIONE DI AFFARI Art. 2028 – Obbligo di continuare la gestione Art. 2029 – Capacità del gesto...
Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a r...
By examining the issue of collusion in EU and US competition law, this book suggests possible strategies for improving the antitrust enforcement against parallelism, by exploiting the most advanced achievements of economic analysis. The book contains a suggested approach to collusion, in ex ante and ex post perspectives. By moving from the analysis of the state of art, in terms of law, case law, and scholarship, Marilena Filippelli analyses inconsistencies and failures in the current antitrust enforcement toward collusion and develops a workable parameter for the issue of collective dominance. The most innovative part of this work goes beyond the analysis itself of collective dominance and i...
The book The Law of Securitisations: From Crises to Techno-sustainability provides a full and detailed account of the EU legislation in the area of structured finance with the new legal rules dissected and discussed in their full extent. Securitisation transactions have been identified in the literature among the main reasons for the 2007–2008 financial crisis, alongside derivative contracts. More than a decade later, the EU legislature passed in 2017 a legal framework comprehensively disciplining the area of securitisations in the EU. On such a background the main purpose of the book is to discuss and analyse, in a holistic way, both the rationale behind the securitisations as financial t...
For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.
Has the virtual invaded the realm of the real, or has the real expanded its definition to include what once was characterized as virtual? With the continual evolution of digital technology, this distinction grows increasingly hazy. But perhaps the distinction has become obsolete; perhaps it is time to pay attention to the intersections, mutations, and transmigrations of the virtual and the real. Certainly it is time to reinterpret the practice and study of music. The Oxford Handbook of Music and Virtuality, edited by Sheila Whiteley and Shara Rambarran, is the first book to offer a kaleidoscope of interdisciplinary perspectives from scholars around the globe on the way in which virtuality me...
This is the first book written in English on special purpose acquisition companies (SPACs) in the context of European and Italian financial law, introducing the topic with a general overview on the European stage. It is also the first book on European financial regulations of SPACs. As such, it is a groundbreaking reference text for SPAC studies at the international level. Alternative Acquisition Models and Financial Innovation: Special Purpose Acquisition Companies in Europe, and the Italian Legal Framework offers the most comprehensive overview of the current international financial regulations of SPACs in the EU and UK compared to the main legal system where SPACs originated—the US. Thi...
For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.