Rivista 2020

The Review publishes original papers covering a large array of topics in Law, general theory of Law and multidisciplinary studies i.e. ethic issue, legal aspect of technology etc. The Review aims to provide also a forum which facilitates the development of the legal aspects – especially in any field of private law is welcomed - of the scientific research and innovation, at European and International levels. Particular attention will be paid on the rights, obligations and the legal relationships arising from the research and innovation activities, as well as on the contracts to carry out the scientific researches and to exploit the results either in academic, market contexts and human rights. The Review will study the legal discipline of the European and National policies and of the legal instruments to implement them, especially the funding programmes and Human rights. The Review will study the legal discipline of the European and National policies and of the legal instruments to implement them, especially the funding programmes and Human rights.

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Call for the dictionary

In 2012, the proposal led by Universitá degli Studi di Perugia, Italia and the Tecnológico de Monterrey, Mexico City Campus won the contest for the project IR&RI (Individual Rights and Regional Integration). This contest was proposed by the Jean Monnet Programme of the European Union. Due to the funding obtained by such a program and as a result of its efforts, not to mention the international seminars in Italy and Mexico in 2013, two books were published: the anthology Human Rights and Regional Integration and the Analytic Dictionary on Human Rights and Legal Integration...

Review

Camillo Verde

LO STATUS PERSONAE NEL CONTESTO EMERGENZIALE.
The essay analyses the status personae in the era of Covid-19. Especially the article focuses on the role of legal rules in the social and economic reality, with particular reference to the concept of “complessità giuridica”.

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Francesco Scaglione

CORRETTEZZA E ABUSO DI POSIZIONE DOMINANTE.
The essay examines the problem of the nullity of the contract when an undertaking abuses its dominant position by imposing excessive and unfair prices.

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Roberto Cippitani, Valentina Colcelli, Alessandra Langella, Antonella Mirabile, Andrea Maierà

L'ISTITUZIONE DI UNA BIOBANCA DI RICERCA: QUESTIONI ETICO-GIUDIDICHE. IL CASO DELLA BIOBANCA DELL'UMBRIA.
A research biobank is a collection of human biological samples for use in research. The article analyses the relevant ethical-legal issues relating to the institution of a research biobank, starting from the case study of the project called "Umbria Biobank". In particular, the article is focused on elaboration of the ethical-juridical solutions to ensure the balance between research activity and the tights and freedom of individuals. This despite the lack of national specific rules that systematically addresses the ethical and legal issues arising from a research biobank. As matter of fact, the solutions have to be found in the European principles and rules concerning the protection of personal data and the collection and storage of the human tissues.

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Daniele Chiappini

LEGAL AND ETHICS STATE-OF-THE-ART OF ARTIFICIAL INTELLIGENCE IN MEDICINE.
This essay will give an overview of the state of the art on what Artificial Intelligence (AI) is, how it is already applied in the healthcare secton and the ethical and legal issues related to AI in the above-mentioned sector. Starting from the explanation of what AI is and the machine learning use in medicine, with a specific focus on the use of Artificial Intelligence in the COVID-19 fight. The second part of the paper examines some of the primary ethical challenges, such as human rights and accesso to AI, confidentiality, informed consent, safety, transparency, unfairness, biases, privacy, and data governance. Lastly, we pose an analysis of the main legal challenges and in particular civil liability, implementation, privacy, and data protection..

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Daniele Corvi

IL CONTRATTO DI SCOMMESSA TRA ALEATORIETÀ E COVID-19.
The betting contract is a random contract both as can be deduced from the provisions of the civil code and in the most recent online forms. The alea is the structural element that qualifies it as such. Following the Covid19 pandemic, this type of contract has been affected and in this regard the legal effects that arise.

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Beatrice Cordelli

L'INTERESSE DEL CONSUMATORE TRA NULLITÀ DI PROTEZIONE E INTEGRAZIONE DEL CONTRATTO.
The essay analyzes the nullity legal provision as a remedy for the consumer in the Italian and European legal system, as well as the related problem of the limits of judicial review of the contract.

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Massimo Billi

CODICE DELLA CRISI D'IMPRESA: ADEGUATI ASSETTI ORGANIZZATIVI E RUOLO DEGLI AMMINISTRATORI.
The essay aims, also thanks to the recognition of doctrinal and jurisprudential contributions, to answer the main interpretative questions posed by art. 2086, co. 2, of the Italian Civil Code, which, following the changes made by the Crisis Code, imposes on collective enterprises the obligation to wquip themselves with adequate organizational structures. The main novelty elements of the new regulations ande the problems they pose with regard to the adequacy of the organizational structure, and above all the responsibility of the directors, are highlighted.

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Sergio Messina

L'INCERTA RELAZIONE TRA DIRITTO ALLA FELICITÀ E SOSTENIBILITÀ AMBIENTALE. DALLA ECO-PSICOLOGIA ALLA "ECO-DEMOCRAZIA".
This essay is based on a basic question: can be there a relationship between environmental sustainability declined in terms of an individual, public and collective duty to the conservation of the common natural habitat and a human right to happiness? If an univocal answer cannot to be given on an individual level, it is possible to identify some criteria that can define the conditions for a “shared” happiness on the basis of some orientations that, starting from a conception of the “territory” as an all-encompassing system of nature and culture, seek (through an interdisciplinary method) to change the content and direction of environmental policies (both national and international) towards a broader and less restrictive framework than an governance of “places of life” functional only to increase productivity and economic competition.

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Simona Fanni

THEORIZING A HUMAN RIGHT-BASED APPROACH TO SUSTAINABLE URBAN DEVELOPMENT IN EUROPE.
This study explores the approach to sustainable urban development adopted by the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ) in their respective case law. Both Courts have developed interesting views and have provided judicial protection in relation to environmental quality in the city, consistently with their specific competences. From this perspective, this paper aims to analyse how the ECtHR and the ECJ are concurring to define an interesting regional judicial approach to sustainable urban development, and also suggests some viable paths that may help to enhance the results achieved, especially through a human rights-based approach and, to some extent, through judicial dialogue.

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Emanuele Fratto Rosi Grippaudo

THE RIGHT OF ACCESS TO ENVIRONMENTAL INFORMATION IN THE ITALIAN LEGAL SYSTEM.
This article traces how the right of access to environmental information has developed in the Italian legal system. After having explained the notion of access to environmental information, this article splits into three sections, each dedicated to a different legal source regulating the right of access to environmental information in Italy. In the section dedicated to international law, this article briefly introduces the Aarhus Convention, where the right of access to environmental information was first established. In the section dedicated to EU law, this article examines EU Directive 2003/4/EC which regulates the right of access to environmental information in the EU.

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Pietro Cuomo

LA RESPONSABILITÀ DA ILLECITO INTERNAZIONALE IN MATERIA DI DANNO AMBIENTALE.
The obligation that a State prevent its territory from harming other States is a principle of international law supported by the Trial Smelter and the Corfu Channel cases. The Rio Conference further prioritised the peaceful coexistence of the States on the sovereign right to freely implement their environ- mental policies. States must so ensure that activities within their jurisdictions do not harm other States’ environment. State responsibility applies to environmental harms, the liability without wrongfulness for harms caused by lawful acts having resulted unrealistic. The due diligence as a standard of conduct is the only admitted test in defining State's obligations and responsibilities.

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Andrea Sassi

AZIONI ABLATIVE DI STATO E INTERESSE DEL FIGLIO ALLA CONTINUITÀ AFFETTIVA (NOTA A CORTE COST., 20 GIUGNO 2020, N. 127).

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Stefania Stefanelli

GIUSTIZIA PREDITTIVA E SITUAZIONI FAMILIARI TRA DIRITTI E PROCESSO.

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Alessandro Billi

BLOCKCHAIN E SMART CONTRACT: COMMENTO ALL'ATTUALE NORMATIVA ITALIANA DLT E RILIEVI COMPARATI.

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Oberdan Tommaso Scozzafava

RECENSIONE A D. FIORDALISI, ABUSO DEL DIRITTO ALTRUI. UNA FIGURA FORMALE DI QUALIFICAZIONE GIURIDICA.

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In memoriam

In memory of Marco Comporti and Cesare Massimo Bianca.
Antonio Palazzo.

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